2022 QCCQ 5717, 2022 QCCQ 5717

Protection de la jeunesse — 224162 2022 QCCQ 5717 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 755-41-003191-197 DATE: June 28, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...], 2012 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT Section 95 (1) (2) 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) petitions the Court with an Application for revision and extension of a Court Decision, according to section 95 (1) (2) of the Youth Protection Act , in the matter of the child X . [ 2 ] The hearing of this application is held jointly with the application of Y , born on [...], 2010 , according to section 95 (1)(2) of the Youth Protection Act. [ 3 ] The Director alleges that the situation of the children necessitates the revision and the prolongation of the Court Order rendered on April 9, 2021, for the reasons outlined in paragraph 4 of the motion. [ 4 ] The Director recommends, as key measures, that the child Y remain with his foster family and that the child X be entrusted to an institution operating a rehabilitation centre .

She also recommends the return of the children in their father’s environment if the situation permits as of August 1 st , 2022. The Director recommends to suspend the contacts between the children and their mother and a follow up until August, 31, 2022. Situation and Analysis [ 5 ] The children remain in their respective milieu since the last court order, Y in a foster family and X in a rehabilitation centre.

They both evolve positively. [ 6 ] The children and their father have visits each weekend and these visits are positive. [ 7 ] The father collaborates well with the Director. [ 8 ] The mother is still very unstable. She was homeless during last summer 2021 and then reintegrated a shelter in City A the next fall.

She does not collaborate with the Director and is very hard to reach. [ 9 ] The last contact between the mother and her children was on March 22, 2021. [ 10 ] A visit was planned between the children and the mother on April 8 2021, but the mother missed it, pretending that she fell asleep in the subway on her way to the visit.

[ 11 ] Despite many attempts, the Director was unable to reach the mother since then. [ 12 ] The mother left two voice messages to the caseworker during the Christmas Holidays 2021 asking for contacts with the children. The mother was again unreachable until January 18 2022. An appointment was given to her on February 16 2022. On that day, the mother says she wants to see the children and wants their custody back, but still refuses to admit any responsibility in the situation and blaming others.

Nevertheless, certain expectations were expressed to her and she committed herself to meet the worker on a regular basis to show her stability. [ 13 ] Except on one occasion, the mother did not call the case worker to give an update about her situation. [ 14 ] The mother has not called the foster family or the rehabilitation centre to have news about the children. [ 15 ] After all these months without seeing their mother, the children show disappointment, anxiety and trouble to sleep. [ 16 ] On February 24 2022, the Director petitions the Court with an application for provisional measures.

The mother is absent although aware of the application. Considering her absence in Court and in the children’s lives since almost a year, the Court decides to suspend the contacts between her and the children. [ 17 ] The father maintains his collaboration and the contacts between him and his children are increased. [ 18 ] The father goes through a more difficult period, as he recently separated and has to find a new place to live. Also, his actual employment implicates night shifts, which complicates things for the return of his sons.

That being said, it is still the father’s plan to put everything in place to offer stability for the children and permit their return to his place. [ 19 ] The children are on the waiting list to be evaluated by the “Centre A”. This evaluation is necessary to determine the impacts of contacts or suspension of contacts between them and the mother. [ 20 ] The plan is to increase the contacts between the children and their father, for eventually permit their return for the new school year starting next September 2022.

FOR THESE REASONS, THE COURT : [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of the child are still in danger; [ 23 ] REVISES and EXTENDS the Court order rendered on April 9, 2021; [ 24 ] ORDERS that the child remain to an institution operating a rehabilitation centre; [ 25 ] ALLOWS a return of the child in his father environment if the situation permits as of August 1 st , 2022; [ 26 ] SUSPENDS the contacts between the child and his mother; [ 27 ] ORDERS that the contacts between the child and his father be following agreement between the father and the Director of Youth Protection; [ 28 ] ORDERS that the parents of the child take an active

part in the application of the measures ordered; [ 29 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and his family; [ 30 ] ORDERS that the child’s parents report in person at regular intervals to the Director of Youth Protection; [ 31 ] AUTHORIZES the father to sign alone the authorizations required for the child concerning health, medication, school, daycare, travelling and passports; [ 32 ] ORDERS a psychological assessment of the child at A Center on the effects on the child of the suspension of contacts between him and his mother; [ 33 ] ENTRUST the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 34 ] THE WHOLE until August 31, 2022. __________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q.

M e Jessica Beaudin Attorney for the D.Y.P. M e Alexandre Niquette Attorney for the child

Date of hearing: June 28, 2022 Date of the signature: August 23, 2022