2020 QCCQ 9588, 2020 QCCQ 9588

Protection de la jeunesse — 201849 2020 QCCQ 9588 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000409-187 DATE: February 10, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2018 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ 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 filed a motion to review and extend a decision rendered by the honourable Denyse Leduc on August 27, 2019, ordering the placement of the child in a foster family for a period of six months. [ 2 ] At the hearing, the mother and the father are present and represented respectively by Mtre. Marie-Josée Ayoub and Mtre. Michel Grenier. Mtre. Yan Massé acts on behalf of the child and Mtre.

Magdalena Lempicka, for the applicant. [ 3 ] The mother admits all of the allegations of the petition. The father admits them as well except the allegation to the effect that he has not taken the necessary steps to resolve his issues. Both are in agreement with the recommendations of the Director of Youth Protection establishing a life plan for the child. [ 4 ] From the admissions of the parents, the Court has preponderant evidence that the intervention of the Director is still needed. [ 5 ] The child remained in the same foster home to whom she was entrusted in June 2019.

We have to keep in mind that this child has been placed since she was 2 months old. So, most of her short life has been spent entrusted to other people than her parents. [ 6 ] X adapted well in this environment and the foster parents are very committed to her. [ 7 ] Both couples, the biological parents and the foster parents, get along well and respect each other, which is without a doubt in the best interest of the child. [ 8 ] The parents have not been regular in the exercise of their access rights to the child. X was brought to them when the mother gave birth to another child last [...].

The last visit before that took place in October. [ 9 ] The psychological evaluation ordered by the Court was not completed; the parents didn’t show up for the second appointment. [ 10 ] The mother was not admitted at [Center A] as planned. [Center A] doubted her willingness because she had shown inconsistent involvement and is still waiting to see her mobilization to address some of her issues. [ 11 ] The father testified. He acknowledges his issues and is trying to build a team of professionals to help him.

He knows that it could be a long journey and is willing to do this, especially because of the newborn baby, sister of X. [ 12 ] The Court had the opportunity to hear both foster parents, Mrs. C and Mr. D. They are very open to access rights between the parents and the child. In a few weeks, they are moving to Town A, where Mr. D will work, having obtained a promotion at work with the A Police Force.

[ 13 ] The Director of Youth Protection is willing to facilitate travelling arrangements for both parents to go and visit X in Town A. [ 14 ] The Director of Youth Protection also requested that certain attributes of parental authority be withdrawn from the parents and be delegated to the Director for the purpose of signing consents for medical, educational, social and travelling purposes, including obtaining a passport. [ 15 ] The Court explained to the parents the meaning of such withdrawal.

Given the fact that the foster parents are going to live in Town A and the biological parent in Town B, it could sometimes be difficult to join them in a timely manner to obtain their signature, especially when the child will begin school. They both agree to this. The Court also informed them that the Director must consult them or, if not possible, inform them of any decision taken in the best interest of the child. [ 16 ] By the position taken by the parents today, they show the Court that they are able to put their child’s needs above their own and act in her best interest.

THEREFORE, THE COURT; [ 17 ] GRANTS the application; [ 18 ] EXTENDS the decision rendered on August 23, 2019; [ 19 ] MAINTAINS that the security and development of X, born on [...], 2018, are endangered; [ 20 ] ORDERS the placement of the child in the foster family of C and D, until she reaches the age of majority; [ 21 ] ORDERS that aid, counselling and assistance be provided to the child and the parents for the same period; [ 22 ] ORDERS that the access rights between the child and the parents be encouraged and supervised by the Director of Youth Protection as for the frequency and modalities; [ 23 ] RECOMMENDS that the Director of Youth Protection facilitate travelling arrangements for the parents to have access to the child; [ 24 ] ORDERS the parents to be and remain sober when in presence of the child; [ 25 ] ORDERS the parents to refrain from all forms of violence while in presence of the child; [ 26 ] ORDERS that the Director of Youth Protection be authorized to obtain and share information with all service providers working with the family; [ 27 ] ORDERS that certain attributes of parental authority be withdrawn from the parents and DELEGATES such attributes to the Director of Youth Protection for the purpose of signing consents for medical, educational, social and travelling purposes, including obtaining a passport; [ 28 ] ORDERS the parents to fully collaborate with the Director of Youth Protection and meet with the workers upon request; [ 29 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall see that the measures are carried out.

Signed in Town C on March , 2020 ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys – Town D Attorney for the applicant Mtre. Yan Massé

Centre communautaire juridique A – Town E Attorney for the child Mtre. Marie-Josée Ayoub Ayoub Avocats inc. – Town D Attorney for the mother Mtre. Michel Grenier Michel Grenier, Avocat – Town F Attorney for the father Date of hearing: February 10, 2020