2023 QCCQ 11147, 2023 QCCQ 11147

Protection de la jeunesse — 235773 2023 QCCQ 11147 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000643-230 650-41-003966-237 DATE: October 11, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2018 Child and A (Deceased) 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) has been involved in the child’s life since 2019. The child and his sister have multiple challenges stemming from a traumatic past. They were entrusted to their paternal grandmother a few years ago. [ 2 ] The DYP now asks the Court to revise and extend a previous judgment to entrust both children to a postulant kinship foster family. The father consents to the placement as well as other measures sought by the DYP.

At the light of the evidence, children’s counsel also agrees. [ 3 ] Following the hearing, the Court delivers an oral judgment, granting the application. Here are the reasons supporting that decision. [ 4 ] On July 27, 2023, the Court renders judgment following an agreement between the parties. Shortly after, the situation deteriorates. [ 5 ] In August, the grandmother tells the worker things are not going well at home. She discloses that the father as well as her other son have moved into her house. The children and herself sleep in a camper. She also fears her landlord is trying to kick her out.

Moreover, her new boyfriend suffers from cancer, and she wishes to take care of him. The grandmother has too much to deal with, and she cannot take care of the children anymore. [ 6 ] On August 17, the children are removed from the grandmother’s care. On the following day, they are entrusted to a significant person, Ms. C, who is yet to be evaluated as a kinship foster family. [ 7 ] Both children apparently adapt well to their new living environment. However, they still display violent behaviour and show signs of attachment disorder. They have specific needs, and it can be challenging to take care of them.

Nevertheless, Ms. C and her spouse foresee a potential long-term commitment. Time will tell. [ 8 ] The children have regular contact with their father and grandmother, including weekly supervised visits. Unfortunately, they show behavioural issues following contact. [ 9 ] The father’s situation remains the same. He neither has a stable home nor a job. Moreover, alcohol is still an issue for him.

[ 10 ] Despite their young age, both children have witnessed many traumatic events. They need to be safe and deserve stability with adults willing to take good care of them. Considering the past, it is unlikely that the father will be able to play that role in a near future. [ 11 ] The evidence convinces the Court the application is well founded, and the recommendations meet the children’s best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] REVISES AND EXTENDS the Court order rendered on July 27, 2023; [ 15 ] ORDERS that the child be entrusted to Ms.

C; [ 16 ] ORDERS that contact between the child and his father be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 17 ] AUTHORIZES that the child’s personal relationship with his grandmother be maintained, according to the conditions determined between the parties; [ 18 ] ORDERS that the father be sober in the presence of the child; [ 19 ] FORBIDS the father from consuming alcohol and drugs in the presence of the child; [ 20 ] RECOMMENDS to the father to submit himself to random screening of drug / alcohol tests; [ 21 ] ORDERS that the father actively participate in the application of the measures ordered; [ 22 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until April 30, 2024; [ 23 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________________ JANICK POIRIER, J.C.Q.

Me Joanie Bujold for the applicant Me Jules Grenier for the child Me Alexis Deschênes for the father Written judgment filed on October 30, 2023