2023 QCCQ 5661, 2023 QCCQ 5661

Protection de la jeunesse — 232952 2023 QCCQ 5661 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002934-237 DATE: June 27, 2023 ______________________________________________________________________ BY THE HONOURABLE MARIE-CHANTAL BRASSARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] in his quality of authorized person by the Director of Youth Protection A Applicant and X Child and A B Parents ______________________________________________________________________ JUDGMENT (Section 38 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 Youth Protection Director has filed an application to have declared that the security or development of the child is in danger according to

section 38 a) (parental responsibilities not taken by anyone) and 38 b) 2 (serious risk of neglect) of the Youth Protection Act. [ 2 ] The parents gave up the child for traditional adoption, but the process was never completed. The caregivers (adoptive parents to be) are not able to care of the child anymore and no longer wish to do so. The biological parents have made it clear that the decision to put the child for adoption is final. [ 3 ] The biological parents are well known by the Director and present a long and unsolved history of alcohol consumption issues and their situation has not evolved over the years.

Therefore, this is a serious risk of neglect. [ 4 ] The child has been entrusted to a foster family since February 25, 2023. [ 5 ] As final measure, the Director recommends that the child be entrusted to a foster family until May 31, 2024. This delay will allow the elaboration of a life plan for the child. [ 6 ] Taking into consideration all evidence adduced and the admissions made by parties, the Court finds that the security and development of the child are in danger and that the following measures meet her needs and are in her best interest.

THEREFORE THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of the child X, born on [...], 2022, are in danger under

section 38

a) and b) 2 of the Youth Protection Act; [ 9 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection center; [ 10 ] ORDERS that the child’s parents report periodically to the Director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger;

[ 11 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 12 ] ORDERS that the child’s parents report in person, at regular intervals, to the Director to inform him of the current situation; [ 13 ] ORDERS that the child’s parents remain sober at all times in the presence of the child; [ 14 ] ORDERS that the contacts between the child and the parents be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 15 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS them to the Director namely regarding health; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 17 ] ENTRUSTS the situation of X to the DYP A who shall then see that the measures are carried out; [ 18 ] orders that police force collaborate to the execution of the court order; [ 19 ] THE WHOLE UNTIL May 31, 2024. __________________________________ MARIE-CHANTAL BRASSARD, J.C.Q.

Me Catherine Windisch Attorney for the Youth Protection Me Lythiana Niyonkuru Attorney for the child Me Angèle Tommasel Attorney for the mother B Father-absent Date of hearing: June 27, 2023 Last exhibit: D-6