2021 QCCQ 9218, 2021 QCCQ 9218

Protection de la jeunesse — 215345 2021 QCCQ 9218 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

N° : 145-41-000546-173 DATE : August, 4 th , 2021 Oral judgment BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of: X Born on [...], 2009 [SOCIAL WORKER 1], in his quality of authorized person by the Director of Youth Protection, of the Centre intégré de santé et de services sociaux A, Applicant - and - A Mother - and - B Father JUDGMENT ON APPLICATION FOR REVISION AND EXTENSION OF ORDER 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 Director of Youth Protection (DYP) asks the Court to revise and extend the Court order dated November 18 th , 2020, entrusting X to a foster family and to entrust her to a foster family until her majority. [ 2 ] The mother is absent but the applicant’s lawyer files a letter she wrote in which she says she agrees with the recommendations presented to the Court. [ 3 ] The father is also absent but his lawyer had questions about the supervision of his visits with the child. [ 4 ] The child’s lawyer informs the Court that she agrees with the recommendations.

FAMILY SITUATION [ 5 ] The child’s situation was reported to DYP in 2017 when she was located in front of a school without proper clothing and physical health issues due to her mother’s challenges with addiction problems. She was then entrusted to a foster family. In July 2020, her paternal aunt and his spouse were interested to have the child with them but they withdrew from the plan in the following months, despite all the love and affection they have for her, considering the uncle’s health concerns and the child’s wish to remain in the same foster family.

ENDANGER [ 6 ] The mother still struggles with her addiction. She quit her program at [Centre A] in City A. [ 7 ] The father is serving a sentence of home imprisonment until August 2021. He only has to right to go out for work. Neither one of the parents is able to take care of the child. Both parents have supervised contacts with the child. When the mother does not feel prepared for a visit, she informs the social worker.

A global report for the father’s supervised visits informs the Court that those visits go well, the supervisor can see a link between the child and his father and the father cares for his child’s well-being. They have a routine. [ 8 ] However, when her father speaks loudly, the child gets scared, she feels intimidated. The father has not seen the child for the

past month. The supervisor says the last visit ended when the father locked himself in his room and Mrs. C, the foster mother, says that the child reported his father told her on the last visit, he would never see her again. [ 9 ] The child’s development is still endangered according to the Youth Protection Act. MEASURES [ 10 ]

Section 91.1 of the Youth Protection Act provides that the total period for which a child is entrusted to an alternative living environment may not exceed 24 months if a child is six years of age or over. [ 11 ] X has been in the same foster family for 4 years and neither one of the parents changed his situation. It is time for the child to have stable living conditions on a permanent basis. The foster family currently taking care of the youth agrees to take care of her on a long term basis and is able to do it.

The child feels secured in her foster family. [ 12 ] The supervision of the visits between the child and her parents is still important. X requests that supervision even if she cannot tell it herself to her father, being afraid to hurt his feelings. [ 13 ] The father needs to work on his temper and the relationship between him and his daughter might then improve. [ 14 ] The measures asked by the applicant are in the child’s best interest.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision and extension; [ 16 ] DECLARES that the security and development of X are still considered to be in danger; [ 17 ] ENTRUSTS the child to the foster home of C and D; [ 18 ] ORDERS that the contacts between the child and her parents be determined following an agreement between the parties and that they be supervised as long as deemed necessary by the DYP; [ 19 ] If no agreement is reached, ORDERS that the contacts between the child and her parents be held minimally for 2 hours every week; [ 20 ] RECOMMENDS that the parents be sober in the presence of the child; [ 21 ] RECOMMENDS that the parents do not denigrate each other or social services in the presence of the child; [ 22 ] RECOMMENDS that the parents benefit from counselling in connection with their personal difficulties; [ 23 ] ORDERS that a person working for DYP provides aid, counsel and assistance to the child and her family; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection for the carrying out of the present measures, until [...], 2026.

Signed on August, 24th, 2021 ANDRÉE ST-PIERRE, J.C.Q. Me Mylène Pelletier-Rivet contentieux cisss A Lawyer for the Director of Youth Protection Me Jules Grenier grenier, grenier et grenier Lawyer for the child Me Ariane Cayer cavanagh & lacroix, avocats Lawyer for the father

Hearing dates: August, 4 th , 2021