2023 QCCQ 8492, 2023 QCCQ 8492

Protection de la jeunesse — 232697 2023 QCCQ 8492 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000506-198 DATE : MAY 3 rd , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2017 Child And [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, And A B , Parents . JUDGMENT

Article 95 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) applies to the Court for a review of the decision rendered on February 15 th , 2022, entrusting the children to a foster home along with supporting measures including aid, counselling and assistance for a period of one year. [ 2 ] The Director asks the Court to order that the child be maintained in his current foster home, the foster home of C and D until he reaches the age of majority. [ 3 ] The parents are absent at the hearing.

The Court has been informed by the worker that both parents are not in a condition to present themselves at the hearing due to the fact that the fact yesterday they consumed alcohol to the point of being intoxicated. They still are at the present time.

[ 4 ] The hearing on the merit has previously been postponed given the absence of the parents. [ 5 ] M e Ayoub on behalf of the mother admits some facts, denies others, did not present any evidence on the position of the mother. The mother also contests the long-term placement for the child.

Although she is absent, she did not present any evidence that the return of the child under her care could be considered. [ 6 ] After having heard the whole evidence, M e Wylde on behalf of the child consents to the application and agrees in the interest of the child to the proposed measures, the permanent plan for the child. [ 7 ] The evidence reveals the following facts. [ 8 ] Since the last judgment, the child remained in the same foster home and is doing very well. The child has special needs. The foster parents are very involved in his medical follow-up. [ 9 ] The foster father testified.

He and his wife have received the child in their home since he was 2 years old. He is now 5. [ 10 ] The child started school last September. He is doing well in the home. There are other children around him, and he gets along very well with them. The foster father considers the child as his own son. He went to the parents’ place, talked with the mother, asked her about her plan for her son and the mother told him: « You can have my son . ». [ 11 ] The foster father testified with emotion and sensitivity. [ 12 ] The parents’ situation remains unchanged.

They still struggle with alcohol and drug consumption. [ 13 ] On January 27 th , 2023, the Director of Youth Protection received a report regarding the parents’ drinking and being intoxicated in the presence of one their children that was visiting them. [ 14 ] The parents’ collaboration with the Youth Protection is inexistant. They refuse to meet the worker. [ 15 ] [Social Worker 1] in her report dated January 25 th , 2023 [2] , analyses the situation in the following terms: The child has bonded with the foster parents, C and D along with their children. They have provided him the care and special needs.

They continue to ensure the child attends ail medical appointments. Both parents are well aware of life plan of the Youth Protection, in the event they did not change their situation. During this time, the mother has failed to take the necessary steps to address her situation to résumé the care of her son. The father has completed his treatment program and still struggles with his issues. The child has met his maximum duration of placement. The foster parents are committed to this long-term care of X. They have 3 children, including a child with special needs.

The foster mother, C is a long-time standing employee of the School A as a janitor. The foster father, D is also employed by the School A as maintenance/janitor at the Vocational center in Town A. [ 16 ] Since the child was entrusted to his current foster parents he lives in a safe environment where all his needs are met, and the foster parents are committed to take all the necessary means to answer his needs until his age of majority. [ 17 ] Since the maximum delay of placement has been reached and with respect to

section 91 of the Youth Protection Act , the Tribunal must make an order aimed at answering continuity of care, stable relationship and stable living conditions corresponding to the child’s needs and age on a permanent basis. [ 18 ] The Court hasn’t received any evidence that it is expected that the child will be return to his family in the short term, therefore the Court must assess the permanent plan proposed by the Director. [ 19 ] The child has been entrusted to his current foster family for three years. He has special needs. The foster parents have the capacity and have been able to answer all his needs.

They are also committed in the medical follow-up of the child. The permanent plan presented by the Director answers the child’s needs, respects his rights and is in his interest. THEREFORE, THE COURT : [ 20 ] GRANTS the application; [ 21 ] REVISES the decision rendered on February 15 th , 2022; [ 22 ] DECLARES that the security and development of X born [...], 2017 are still endangered under

section 38 ( b ) (1) i. and 38 (

c) of the Youth Protection Act ; [ 23 ] ORDERS that the child remain entrusted to his current foster home, C and D until his age of majority on [...], 2035 ; [ 24 ] RECOMMENDS that the parents inform the Director of Youth Protection of any steps taken to address their situation, such as seeking counseling and addressing their alcohol and drug issues; [ 25 ] ORDERS that the parents agree to remain sober in the presence of the child at all times; [ 26 ] ORDERS that the frequency and modalities of contacts between the child and his parents be determined by the Director of Youth Protection;

[ 27 ] ORDERS that the parents ensure that the child is not exposed to any persons under the influence of alcohol and/or any form of violence during visits; [ 28 ] WITHDRAWS from the parents the exercise of certain attributes of parental authority with regard to consents for medical, social, educational and travel purposes and including obtaining a passport and any legal documents required by the child's situation, such as registration of birth, birth certificate, medical card and therefore, DELEGATES said exercise of certain attributes of parental authority to the Director of Youth Protection; [ 29 ] AUTHORIZES the Director of Youth Protection to obtain and share information with ail services providers working with the child and the child’s family; [ 30 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family until his age of majority ; [ 31 ] The whole until [...], 2035; [ 32 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the mother Father absent, not represented M e Fanny Wylde Advocate for the child Date of hearing : May 3 rd , 2023 Last exhibit: D-15