2022 QCCQ 9011, 2022 QCCQ 9011

Protection de la jeunesse — 224876 2022 QCCQ 9011 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 640-41-002621-214 DATE : MAY 19 th , 2022 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2020 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in [...], Applicant and A Mother Undeclared father .

JUDGMENT Articles 95 (par. 2) and 75 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for an extension of the decision rendered on August 9 th, 2021, entrusting the child to a foster family and authorizing the progressive reintegration of the child with the mother as soon as the situation allows it and ordering several assistance measures including aid, counselling and assistance to the child and the mother until May 31 st , 2022. [ 2 ] The Director asks the Court to order that the child be entrusted to a foster family namely, M. B and Mrs.

C and to order several assistance measures including aid, counselling and assistance to the child and the child’s family until [...], 2038. [ 3 ] The parties informed the Court that prior to the hearing an agreement has been signed and that the parties acknowledge the reasons for compromission and they agree on the measures. [ 4 ] At the hearing the validity of the consent has been verified the draft agreement has been signed in a full and enlightened manner.

[ 5 ] The parties acknowledge that the security and development of the child are endangered under

section 38 b ) 1 o iii.- neglect in terms of educational needs and under 38 e ) 2 o - risk of physical abuse threats by the mother and more specifically for the following reasons. [ 6 ] The mother admits the following facts. [ 7 ] The mother and Mr. D, the biological father of the child, have a history of conjugal violence issues. [ 8 ] Mr.

D is not involved in the life of the child and made no steps to have contact with the latter. [ 9 ] Since the last Court hearing, the situation of the mother stabilized. [ 10 ] The mother is currently living with her boyfriend and their newborn baby. [ 11 ] During the last measures, the mother struggled to mobilize herself in order to have the child back under her care. [ 12 ] Around September 2021, the mother stated she would prefer the child to stay with his foster family for the long term as they can fulfill his needs. [ 13 ] Following that statement, the mother disinvested herself from the life of the child for multiple months and a certain distance grew between them. [ 14 ] In February 2022, the mother finally showed interest in preserving contact with the child. [ 15 ] Since the last Court hearing, the child remained under the care of the same foster family and he is doing well. [ 16 ] The child developed a strong bond with his foster family. [ 17 ] On or around April 17, 2022, the mother mentioned wanting the child to be placed with his current foster family until majority. [ 18 ] The foster family is willing to take care of the child until the age of majority. [ 19 ] The parties agree with the following measures. [ 20 ] That the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre until the age of majority, namely Mr.

B and Mrs. C. [ 21 ] That the child’s parents take an active

part in the application of any of the measures ordered by the tribunal. [ 22 ] That the child’s parents report in person, at regular intervals, to the Director to inform him of the current situation. [ 23 ] 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. [ 24 ] That a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family. [ 25 ] That the situation of the child be entrusted to the Director of Youth Protection A, who shall then see that the measures are carried out. [ 26 ] The Court read the agreement before the hearing and after having assessed the whole evidence, concludes that the application is well founded in facts and in law and that the proposed measures to which all parties agree on are of a nature to protect the child and ensure continuity of care, stable relationship and stable living conditions corresponding to the child’s needs and age on a permanent basis. [ 27 ] The permanent plan proposed respects the child’s rights and is in his interest.

THEREFORE, THE COURT: [ 28 ] CONFIRMS and DECLARES enforceable the agreement signed by all parties; [ 29 ] ORDERS that the child be entrusted to the foster family, of Mr. B and Mrs. C until his age of majority, [...], 2038; [ 30 ] ORDERS that the child’s parents take an active

part in the application of the measures ordered by the Court; [ 31 ] ORDERS that the child’s parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 32 ] ORDERS that the contacts between the child and the parents their freguency, modality and the degree of supervision will be determined by the Director of Youth Protection; [ 33 ] ORDERS that aid, counselling and assistance be provided to the child and the child's family; [ 34 ] ENTRUSTS that the situation of the child b to the Director of Youth Protection for the execution of the present order;

[ 35 ] The whole until his aqe of majority [...], 2038 . ___________________________________ LUCIE GODIN, J.C.Q. M e Justine Carli Attorney for the Director of Youth Protection M e Cassandra Neptune Attorney for the mother M e Angèle Tommasel Advocate for the child Dates of hearing : May 19 th , 2022 Last exhibits: D-14 to D-16