2023 QCCQ 1584, 2023 QCCQ 1584

Protection de la jeunesse — 23112 2023 QCCQ 1584 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000728-227 DATE: January 27, 2023 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2012 Child and A 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 and 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to extend the order rendered on April 21, 2022, in respect of the child in order to entrust him to his maternal uncle until his majority. [ 2 ] At the hearing, the parents are absent and not assisted by an attorney although they have been duly notified. [ 3 ] In the last judgment rendered, the child was entrusted to his maternal uncle.

The parents were struggling with personal difficulties preventing them from caring adequately for the child. [ 4 ] Since his placement, the child’s behaviour evolved positively. He is doing well in school and participates actively in many extracurricular activities. He is involved in a hockey team, a sport that is fulfilling to him and that he enjoys it. The child also benefited from a follow-up with a counsellor between April to August 2022. [ 5 ] Between March to November 2022, the father only had 4 supervised visits with his child. He arrived late every time and left before the

schedule time. He does not collaborate with the DYP, and several attempts were made to contact him, but they were unsuccessful. The DYP received additional worrisome information concerning the father’s lifestyle. He is waiting for a sentence after being charged with incidents back in March 2022. The father has been absent from his son’s life for the last few months, and he is not consistent toward him. [ 6 ] The mother continues to work on her health and addiction issues, and she collaborates with the DYP. She has a good relationship with the foster family which also happens to be her brother’s.

The child has not been living with the mother since he was 3 years old, after she left that responsibly to the father. [ 7 ] The maternal uncle testifies about his wish to keep the child until his majority. He is part of the family. He is doing well, and he adapted without any difficulty. He ensures that the child will have contact with his siblings as well as with his mother. The child does

not wish to go back to his father’s, he likes living at his uncle. [ 8 ] The child needs to live in an environment that gives him stability, security and structure in order to develop properly. Neither his paternal environment nor his maternal environment can provide him with such a place to grow up in. The child has been waiting long enough for his parents to change, but they do not. Now, it is time for him to settle down and permanently commit to his new life. [ 9 ] Since his placement in a foster family, he changed positively, and he is doing very well.

This family can provide him with an adequate upbringing in a good environment where all his needs will be fulfilled. [ 10 ] The evidence demonstrates that the security and development of the child are still in danger. Considering the evidence adduced, the absence of contestation from the parents, the child’s consent and his best interest, the application is well founded. Furthermore, the measures suggested by the DYP are in the child’s best interest.

FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for revision and extension of the order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 13 ] REVISES AND EXTENDS the Court order rendered on April 21, 2022; [ 14 ] ORDERS that the child be entrusted to his maternal uncle, Mr.

C, until [...], 2030 (age of his majority); [ 15 ] ORDERS that the contacts between the child and his parents be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 16 ] AUTHORIZES the professionals involved with the child to exchange on relevant information; [ 17 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 18 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until [...], 2030 (date of his majority); [ 19 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Isabelle Gagnon for the child Ms. A Mother (absent) Mr. B father (absent) Written judgment filed on January 30, 2023.