2021 QCCQ 17260, 2021 QCCQ 17260

Protection de la jeunesse — 214661 2021 QCCQ 17260 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002319-199 DATE: May 26, 2021 (written judgment rendered on July 15, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2019 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, deceased Mother and B , deceased Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review and prolong a decision rendered on January 19, 2021, regarding the child X, born on [...], 2019. At that date the Court declared the security and development still endangered and entrusted the child to the foster family of C until [...], 2037. [ 2 ] The DYP asks that X remain entrusted to her foster family of Ms. C and that the parental authority be given to her.

Position of the parties [ 3 ] The child is absent, but represented by Me Cassandra Neptune. On her client’s behalf, Me Neptune submits that her situation remain endangered and that the recommended measures are in her best interest. [ 4 ] X has 2 sisters, Y (3 years old) and Z (12 years old). The Court is also seized with their situations. History of the Situation [ 5 ] The family situation is known from the DYP since August 2014. [ 6 ] On May 24, 2019 , the Court was seized with an application for provisional measures. The child was 14 days old. The mother was in coma.

While the DYP asked to entrust the child to a reception centre as no foster family was available, the Court prohibited from doing so and ordered that the child be entrusted to a foster family. [ 7 ] On July 3, 2019 , the Court was seized with the situation of the child. The mother has been out of the coma and was able to come back in her community. The father to be declared, Mr. B, is detained for multiple events of conjugal violence on the mother including during the pregnancy. The mother recognizes not being able to take care of the child.

The Court declared that the security and development of the child were endangered [1] and entrusted her to a foster family and authorized a reintegration after 9 months if the situation allows it, the whole until June 30, 2020. [ 8 ] On July 21, 2020 , The Court revised the situation. X is entrusted to the same foster family since she was [...] days old. She is now 14 months old. The mother saw the child 3 times since her birth, and did nothing to have contacts despite the various offers from the DYP. The father was released in July 2020. He made no steps to address his personal issues, nor did the mother.

The Court maintained the child in the foster family of Ms. C and authorized a reintegration, if the situation allows it, at the mother’s place to the exclusion of the father, the whole until January 31, 2021. [ 9 ] On January 15, 2021 , the Court was seized with an application for provisional measures and maintained the status quo.

[ 10 ] On January 19, 2021 , the Court revised the situation. The DYP explains the numerous attempts that were made to find a foster family […], but no one was available. The father had no contact with the child since the last order while the mother had only one. The parents assert that there is no more violence between them. The child developed strong bonds with her foster mother. The child has medical needs which are well taken care by the foster family. The Court entrusted the child to Ms.

C until the age of majority Facts [ 11 ] X remained in the foster family according to the last decision which entrusted her there until the majority. Her situation remained stable and nothing particular was raised regarding her since that time. [ 12 ] Unfortunately a tragic event occurred on March 25, 2021. Indeed, the DYP was made aware of the mother death. It was alleged that Mr. B murdered the mother and committed suicide right after.

Analysis [ 13 ] The situation of the child remains endangered and is also endangered due to the recent death of the mother. [ 14 ] X was recently entrusted until majority to her foster family where she is since she is [...] days old. She is well adapted to them, and there is no reason to modify this decision. [ 15 ] Following the mother’s death, the DYP was named tutor for the child, but asked that the parental authority could be granted to the foster mother. The Court is totally agree with this request which is in the best interest of the child.

FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the child X, born on [...], 2019, are still endangered; [ 18 ] ORDERS that the child be entrusted to the foster family of Ms. C; [ 19 ] ORDERS that the child receive specific health care and services required by her situation such as audiology, occupational therapy, speech therapy and ophthalmology; [ 20 ] ORDERS that the parental authority be granted to Ms.

C; [ 21 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the child and the foster family; [ 22 ] ENTRUSTS the situation of the child X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] THE WHOLE until [...], 2037. __________________________________ PEGGY WAROLIN , J.C.Q. Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Date of hearing: May 26, 2021