2022 QCCQ 11703, 2022 QCCQ 11703

Protection de la jeunesse — 226834 2022 QCCQ 11703 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002542-204 640-41-002543-202 DATE: November 11, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, 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 [...], 2019 Y, born on [...], 2018 Children and A Mother ______________________________________________________________________ JUDGMENT ON APPLICATIONS FOR EXTENSION (

Section 95 , paragraph 2 , 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection has applied for the extension of two decisions under s. 38 of the Youth Protection Act [1] rendered on November 12, 2020, by the Honourable Lucille Beauchemin, J.C.Q.

In those judgments, she declared that the security and development of X and Y were in danger and entrusted them to the kinship foster family of their maternal grandparents, B and C, chosen by the institution operating a child and youth protection centre, until December 31, 2021. [ 2 ] At the hearing, the children were not present, but they were represented by counsel. The mother was present by videoconference and assisted by her own counsel. FACTS: [ 3 ] The mother made the follow admissions. [ 4 ] Since the last Court hearing on November 12, 2020, the mother’s situation has fluctuated.

She still struggles with alcohol issues, and she has not taken any steps with social services or any available services to address her issues. [ 5 ] On multiple occasions between March and August 2021, the mother arrived intoxicated at the grandparents’ house to visit with her children. The maternal grandparents were very protective of the children, who have developed a strong bond with them and are evolving in a safe environment. [ 6 ] In or about December 2021, the maternal grandmother passed away.

The maternal grandfather remained the permanency planning for the children. [ 7 ] The mother was then detained from September 2021 until March 2022. [ 8 ] However, on or about March 21, 2022, the maternal grandfather had to go to Town A for an extended period due to his health issues, and the children had to be relocated. [ 9 ] On or about June 13, 2022, the children were entrusted to the care of their aunt, Ms. D, in Nunavut, and they are doing well.

[ 10 ] Since August 2022, the mother has been able to attend her follow-up meetings with Youth Protection and to make positive changes to her lifestyle.

Nonetheless, she has not fully addressed her issues and still needs to seek further help to overcome her difficulties. [ 11 ] The mother recognizes that the children are evolving in a safe and stable environment. [ 12 ] The maximum placement periods have been reached, and Youth Protection must determine a permanency planning for the children. [ 13 ] Considering the admissions, the Court declares that the security and development of the children are still in danger and that the measures must be extended. [ 14 ] The mother agrees with the extension of the measures for the two children until June 30, 2023, if the children are fostered by Ms.

D. FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the applications; [ 16 ] EXTENDS the decisions rendered on November 12, 2020; [ 17 ] DECLARES that the security and development of X and Y are still in danger; [ 18 ] ORDERS that the children be entrusted to Ms.

D; [ 19 ] ORDERS that the children’s mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 20 ] ORDERS that the terms, frequency and degree of supervision of contact between the children and the mother be determined by the Director of Youth Protection; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family until June 30, 2023; [ 22 ] ORDERS the execution of the present judgment by any peace officer; [ 23 ] ENTRUSTS the situation of X and Y to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 24 ] THE WHOLE until June 30, 2023. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Alix Génier Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the children Mtre Angèle Tommasel Counsel for the mother Date of hearing: November 11, 2022