2020 QCCQ 10183, 2020 QCCQ 10183

Protection de la jeunesse — 207279 2020 QCCQ 10183 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000435-190 DATE: June 19, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in [...]. APPLICANT and X, born on [...], 2007 TEENAGER 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 submits an application asking the Court to extend a previous judgment rendered by Dominique Wilhelmy, J.C.Q., on July 4, 2019, ordering the placement of the teenager in a foster family for a period of one year. [ 2 ] At the hearing, the father is not present, but he has mandated Mtre. Michel Grenier to act on his behalf. The mother is not present either, but she is represented by Mtre. Marie-Josée Ayoub. Mtre. Yan Massé represents X, and Mtre.

Adelia Ferreira, the applicant. [ 3 ] The family has a long history with the youth protection services. The first placement of X was in 2013. She has been placed since then. In 2016, a long-term placement, until she reached the age of majority, was ordered. Unfortunately, in 2018, she has to be transferred to another foster family. [ 4 ] The applicant requested a short-term placement in order to establish a new life plan for X. [ 5 ] The mother is currently living in [province A] and the father is in Town A. Occasionally, father and daughter bump into each other. There are no scheduled access rights established.

As for the mother, they speak to each other via Facetime. [ 6 ] The recommendation of a six-month placement is not challenged. [ 7 ] The Director of Youth Protection asks for the withdrawal of certain attributes of parental authority and this request is challenged by both parents. Because of the scope of the attributes the Director requests to be withdrawn from the parents, both counsels argue that it amounts to a total deprivation of parental authority over the child.

If it were a long-term placement requested, the position of the Court could have been different. [ 8 ] In fact, the question remains a little bit academic given the length of the placement requested by the Director of Youth Protection, the fact that X is able to be in touch with her parents in order to request their consent and finally, that during the last court order, no consent was ever required from the parents. [ 9 ] Moreover, the daily decisions can be taken by the foster family as they assume the custody of X. [ 10 ] Given the admissions made by the parents, their consent to the placement of X, THE COURT: [ 11 ] GRANTS the application; [ 12 ] MAINTAINS that security or development of the X, born on [...], 2007, are still endangered;

[ 13 ] ORDERS the placement of X in a foster family for a period of 6 months; [ 14 ] ORDERS that access rights between the youth and her parents be supervised by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 15 ] ORDERS the parents not to be under the influence of intoxicating substances when in presence of X and FORBIDS them to put X in presence of people who are under the influence of intoxicating substances; [ 16 ] ORDERS that the parents to inform the Director of Youth Protection of steps taken to address their situation; [ 17 ] ORDERS that aid, counselling and assistance be provided to X and her parents for a period of six months; [ 18 ] 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; [ 19 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall then see that the measures are carried out. ________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adélia Ferreira Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A – Town B Attorney for the teenager Mtre. Marie-Josée Ayoub Ayoub, Avocats inc. – Town C Attorney for the mother Mtre. Michel Grenier Michel Grenier, Avocat – Town D Attorney for the father Date of hearing: June 19, 2020