2023 QCCQ 8497, 2023 QCCQ 8497

Protection de la jeunesse — 232702 2023 QCCQ 8497 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000589-202 DATE : MARCH 16 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2018 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant And A B Parents . JUDGMENT

Article 95 al. 1 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) presents an application for a review of the decision rendered on June 15 th , 2022, entrusting the child to a foster home for a period of six months and ordering several assistance measures including aid, counselling and assistance to the child and the child’s family for the same period of time. [ 2 ] The Director asks the Court to order that the child be entrusted to the foster home of C and D until the age of majority, [...], 2036. [ 3 ] M e Marie-Josée Ayoub on behalf of the mother admits some facts, denies others.

The mother agrees with the recommendations proposed but she disagrees with the request to withdraw form the parents the exercise of attributes of parental authority.

[ 4 ] M e Roc-Forgues on behalf of the father denies most of the alleged facts. He consents that the child remains in the same foster home, and he acknowledges that the child is doing very well under the foster parents’ care. He also acknowledges that the parents are not in a position to resume their parental responsibilities towards the child. Therefore, he consents to the proposed recommendations. [ 5 ] M e Massé on behalf of the child after having the whole evidence agrees with the proposed measures. [ 6 ] The evidence reveals the following facts. [ 7 ] The child is 4 years old.

The Director is involved in the family situation since June 19 th , 2020 when he received a call concerning the child to report a situation concerning a child abuse. [ 8 ] The child has been entrusted under the care of his current foster parents since November 2020. [ 9 ] The foster mother testified that the child is doing wonderful. He is followed by doctors and there is no specific issue on medical level. The foster parents had some concerns with regards to child’s anger. The doctor told them that there is nothing to worry about now, but it will be monitored. At school, the child benefits from special services.

There is no alcohol or drug issue in their home. [ 10 ] With regards to the request to withdraw from the parents the exercice of certain attributes of parental authority, namely the signing of the authorizations required for the health care of the child, access to activities and travel, the foster mother testified that she had no trouble contacting the mother. There is a family link between the foster father and the mother, and he may easily contact the mother. She also testified that when she needs an answer from the mother, she can get it.

The foster mother also told the Court that if there is an emergency with the child, they will be able to find the parents. [ 11 ] The Director’s request is based more on the fact that the worker had difficulties to communicate with the parents. The difficulty of the worker to obtain the parents’ collaboration is one thing.

The need, in the interest of a child to withdraw from the parents the exercice of parental authority is different. [ 12 ] The evidence establishes that the foster parents have no trouble to contact the parents and if an emergency arises, they will be able to find them. [ 13 ] Both parents recognize that they are not in a position to resume care of the child. [ 14 ] The security and development of the child are still endangered under

section 38 ( b ) (1) iii. and 38 b ) (2), the maximum delay of placement has been reached. With respect to

section 91.1 al. 3 , the Court must make and order that ensures continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis. [ 15 ] The child has been entrusted to the current foster parents since November 2020. He is doing well under their care. He receives answer to his needs.

The parents recognize that he is doing well under their care and the father told the Court that he approves what they are doing with the child and that he loves the way they take care of the child. [ 16 ] There is no evidence that the child may return under his family’s care in the short-term.

Therefore, the Court concludes that the recommendations are in the interest of the child and answer the child’s needs. [ 17 ] Given the whole evidence, the admissions made by the parents, their consent to the proposed measures, the position expressed by Me Massé on behalf of the child, the Court concludes that the recommendations are in the interest of the child.

THEREFORE, THE COURT : [ 18 ] GRANTS the Application; [ 19 ] REVISES the decision rendered on June 15 th , 2022; [ 20 ] DECLARES that the security and development of X born on [...], 2018 are still endangered under 38 ( b ) (1) iii. and 38 ( b ) (2) of the Youth Protection Act ; [ 21 ] ORDERS that the child be entrusted to the foster home of C and D until his age of majority, on [...], 2036 ; [ 22 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by the Director of Youth Protection; [ 23 ] ORDERS the parents meet the worker to prepare a

schedule of visits; to fully collaborate with the Director of Youth Protection [ 24 ] ORDERS that the parents remain abstinent of alcohol and/or drugs during visits with the child; [ 25 ] RECOMMENDS to the parents to address their personal issues, their drug and alcohol, inform the worker of any change of coordinates and meet the worker upon request; [ 26 ] AUTHORIZES the Director of Youth Protection to share and obtain information with service providers working with the child and the child’s parents; [ 27 ] ORDERS that aid, counseling and assistance be provided to the child and the child’s family until his age of majority on [...], 2036 ;

[ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 29 ] The whole, until [...], 2036. ___________________________________ LUCIE GODIN, J.C.Q. M e Magdalena Lempicka Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the mother M e Andréa Roc-Forgues Attorney for the father M e Yan Massé Advocate for the child Dates of hearing : March 16 th , 2023 Last exhibit: D-11