2023 QCCQ 4616, 2023 QCCQ 4616

Protection de la jeunesse — 231359 2023 QCCQ 4616 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000433-133 DATE: February 23, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2009 Child and A B Parents/Respondents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) has been involved with the child’s family for many years due to the significant personal difficulties of both parents. [ 2 ] In the past, the child and her siblings were entrusted to their maternal grandparents. [ 3 ] In 2019, the Court ordered them to be placed in the foster care of their maternal grandparents until they reached the age of majority. [ 4 ] Following the death of the grandmother, the DYP removed the children from the home because the grandfather was unable to care for them on his own. [ 5 ] In June 2022, the child was entrusted to a rehabilitation centre due to her behavioural issues.

She has remained there ever since. The DYP now asks the Court to revise and extend a previous judgment. The DYP recommends that the child remain entrusted to a rehabilitation centre until the end of June 2023. [ 6 ] The child consents to the orientation recommended by the DYP. Neither parent attends the hearing. [ 7 ] At the end of the hearing, the Court renders an oral judgment and grants the application.

The reasons for this decision are as follows. [ 8 ] The parents’ situation remains practically unchanged and does not allow for the return of the child to either parent. [ 9 ] The child still shows behavioural disturbances. She has a hard time respecting rules and adults’ authority. She is defiant, rude and impulsive. She demonstrates these behaviours at the unit as well as in school. She is disruptive in class. She uses cannabis and drinks alcohol.

[ 10 ] The child has outings with her siblings in their foster family. She hopes to eventually be entrusted to the same environment, where her brother and sister will stay until the age of majority. Time will tell if it is realistic. [ 11 ] At the moment, the child still needs to benefit from professional support on a daily basis, in a structured environment. [ 12 ] The recommendations meet the child’s best interest, and the application is well founded.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 13 ] GRANTS the application for revision and extension of order; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 15 ] REVISES AND EXTENDS the Court order rendered on August 31, 2022; [ 16 ] ORDERS that the child remain entrusted to a rehabilitation centre until June 30, 2023; [ 17 ] ORDERS that contact between the child, her parents and paternal grandmother be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 18 ] AUTHORIZES the child to benefit from outings with her siblings’ foster family, Ms.

C; [ 19 ] WITHDRAWS from the parents the exercise of the attributes of parental authority regarding medical clearance, school authorities, social and other permissions, obtaining a passport application and AUTHORIZES the DYP to sign in the place of the parents; [ 20 ] ORDERS that the parents be sober in the presence of the child; [ 21 ] ORDERS that the parents do not denigrate one another or social services in the presence of the child; [ 22 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 23 ] ORDERS that a person working in an organization of institution bring to the child as well as to her family, help, advice and support until June 30, 2023; [ 24 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Ms. A the mother (absent) Mr. B the father (absent) Written judgment filed on March 15, 2023