2020 QCCQ 13321, 2020 QCCQ 13321

Protection de la jeunesse — 209265 2020 QCCQ 13321 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005716-181 760-41-005717-189 DATE: November 11, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2017 Y Born: [...], 2015 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant and A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 children reside in foster care since June 2018 in reason of a serious risk of neglect stemming from their parent’s lifestyles. Few contacts occur with their parents, who remain generally disinvested in their lives. In August 2019, the Court suspends the children’s access with their parents. [ 2 ] The situation remains unchanged since that time. The children continue to evolve positively in their foster family and consider them as their parents.

The parents remain unstable in their personal lives and are unavailable for the rehabilitation process. [ 3 ] Although the Court identifies the necessary conditions dictating that the children be stabilized on the long term, the protective measures are once again extended for 9 months on February 21, 2020, in order to permit the Director to complete its evaluation of the children’s best interests in this regard. [ 4 ] The Director is now moving forward an application to declare the children admissible for adoption. A preliminary hearing is scheduled in the next month.

At this level, the request is to extend the measures for another year in order to complete the adoption process. [ 5 ] Both parents are present and inform the Court of their agreement as to the extension of the protective measures while recognizing the foundation of these. Such is also the case for the attorney for the children, acting under a legal mandate. [ 6 ] The parents also declare not contesting the pending adoption process.

As such, the Court considers that a 9-month extension is sufficient to respond to the children’s needs and complete the process of stabilizing the children on a permanent basis. [ 7 ] FOR ALL THESE REASONS, THE COURT: [ 8 ] PARTIALLY GRANTS the applications for revision and extension of a Court decision; [ 9 ] DECLARES that the security and the development of the children are still in danger; [ 10 ] REVISES the Court order rendered on February 21,2020; [ 11 ] ENTRUSTS the children to a foster family chosen by Director of Youth Protection A;

[ 12 ] SUSPENDS the contacts between the children and their parents; [ 13 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures that apply in their own regard or their children’s regard to put an end at the situation in which the security or development of the children are in danger; [ 14 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 15 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the children and her family; [ 16 ] WITHDRAWS the exercise of certain attributes of the parental authority from the parents and AUTHORIZES the Director of Youth Protection to sign the authorizations required for medical, school, recreational, extracurricular or travel purposes, including the application for a passport; [ 17 ] ALL THESE MEASURES for 9 months; [ 18 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Sara Gaudry-Staub Attorney for the Applicant Me Maryse Fournier Attorney for the father Me Karine P. Poissant Attorney for the children Date of hearing: November 11, 2020 Date of signature: January 9, 2021