2022 QCCQ 11704, 2022 QCCQ 11704

Protection de la jeunesse — 226836 2022 QCCQ 11704 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002654-215 DATE: November 10, 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 [...], 2016 Child and A Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Second paragraph of

section 95 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 applied under s. 95 of the Youth Protection Act [1] for the extension of a decision rendered on March 30, 2022, by the Honourable Jacques Ladouceur, J.C.Q.

At that time, he declared that the security and development of X were still in danger and entrusted him to a foster family. [ 2 ] The child was not present at the hearing, but he was represented by counsel. The mother was present by videoconference and assisted by counsel. Facts: [ 3 ] The mother has alcohol consumption issues, but has been sober for the past three months. She had a serious ATV accident in 2019 for which she needed specialized medical attention in Town A. She is slowly recovering from this accident. [ 4 ] The mother asks the Court to have her child back with her.

From March to July 2022, the child had contact with the mother on a regular basis. Since the last Court hearing, the child has remained under the care of a foster family in Town B. The mother lives in Town C. [ 5 ] On April 8, 2022, the child was fully integrated into the home of his sister, Ms. B, who had expressed interest in taking care of the child until he reaches the age of 18 years. [ 6 ] On May 27, 2022, the child’s sister (

B) stated that she no longer wanted to care for the child. Following B’s decision, the child was placed in several foster families. [ 7 ] On June 18, 2022, the child was entrusted to the specialized foster home of Town B to provide him a stable environment. [ 8 ] B’s situation has changed. She is no longer with her boyfriend and she would like to foster her brother. The mother still believes that she can take care of her son, but the child’s situation is still in danger according to

section 38(b)(2)(ii). [ 9 ] Considering that the child was ten days old when he was removed from his mother; [ 10 ] Considering that he was placed in 48 different foster families; [ 11 ] Considering that the child is five years old and that he is in a safe foster family in Town B; [ 12 ] Considering that there is no permanency planning yet for this child; [ 13 ] Considering that the mother’s wish to have the child back with her is not in the interest of the child at this point;

[ 14 ] Considering that the child’s oldest sister is interested in fostering her brother and that it could be a permanency planning for the child; FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] EXTENDS the decision rendered on March 30, 2022; [ 17 ] DECLARES that the security and development of X, born on [...], 2016, are still in danger under

section 38(b)(2)(ii); [ 18 ] ENTRUSTS the child to a foster family, chosen by the institution operating a child and youth protection centre; [ 19 ] ORDERS that the terms, frequency and degree of supervision of contact between the child and the mother be determined by the Director of Youth Protection; [ 20 ] ORDERS the mother to take an active

part in the application of any of the measures designed to put an end to the situation in which the security or development of the child is in danger; [ 21 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 22 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother, namely regarding health, school, extracurricular activities, travel, and passport, and GRANTS them to the Director of Youth Protection ; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 24 ] ORDERS that the Director of Youth Protection prepare a permanency planning for the child; [ 25 ] ORDERS the execution of the present decision by any peace officer; [ 26 ] ENTRUSTS the situation of X to the Director of Youth Protection B, who shall then see that the measures are carried out; [ 27 ] THE WHOLE until November 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 child Mtre Angèle Tommasel Counsel for the mother Dates of hearing: November 9 and 10, 2022