2019 QCCQ 11252, 2019 QCCQ 11252

Protection de la jeunesse — 192043 2019 QCCQ 11252 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-002177-183 DATE: February 26, 2019 _____________________________________________________________________ PRESIDING: 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 [...], 2017 Child and A Mother ____________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (Sections 95 (para. 1) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ____________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the review of a decision under s. 95 of the Youth Protection Act [1] rendered on July 24, 2018, by the Honourable Denyse Leduc, J.C.Q.

At that time, she declared that the security and development of X were in danger and ordered the child to be placed in a foster family for a period of six months. [ 2 ] At the hearing, the mother was present and assisted by counsel. The child was not present, considering his young age, but was represented by counsel. Position of the parties: [ 3 ] The applicant wants the child to be fostered in the same non-Inuit family until the mother proves that she can stay sober. [ 4 ] The mother wants her child returned to his family immediately.

Questions: [ 5 ] What is the best interest of this one-year-old boy? [ 6 ] Is it better for him to remain in the same foster family? Facts: [ 7 ] The mother admitted that: [ 8 ] From August 23, 2018, until the beginning of October, she was in custody as she had breached her criminal conditions. [ 9 ] On several occasions, she was intoxicated when Youth Protection workers met with her. [ 10 ] Since the last Court hearing, she has had three (3) visits with her son as the other four (4) planned visits had to be cancelled

because she was intoxicated. [ 11 ] She attended and completed, on February 20, 2019, a program at the A Treatment Centre in Town A for her alcohol issues. [ 12 ] She has her own apartment and is receiving help from her parents. [ 13 ] The child spent the last eight months with Ms. B, a school teacher in Town B. The child is doing well in his foster family. Analysis: [ 14 ] It is important to recall that “every decision made under this Act must aim at keeping the child in the family environment”. [ 15 ] If it is against the child’s best interest to stay with his family, then he should be with his extended family.

If it not possible, the child should be placed in a foster family in the interest of his rights. [2] [ 16 ] This means that the Court must take into account the moral, intellectual, emotional and material needs of the child, his age, health, personality and family environment and the other aspects of his situation. [3] [ 17 ] “In the case of a [origin A] child, the preservation of the child’s cultural identity must also be taken into account.” (Modification to Youth Protection Act ,

section 4 , January 28, 2019) FOR THESE REASONS, THE COURT: [ 18 ] GRANTS this application; [ 19 ] REVIEWS the decision or order rendered on July 24, 2018; [ 20 ] DECLARES that the security and development of X, born on [...], 2017, are still in danger; [ 21 ] ORDERS that the child be entrusted to an [origin B] foster family, chosen by the institution operating a child and youth protection centre; [ 22 ] ORDERS that the reintegration with the mother start now; [ 23 ] ORDERS the Director of Youth Protection to prepare a calendar of visits between the child and the mother; [ 24 ] ORDERS the mother to take an active

part in the application of any of the measures ordered by the Court; [ 25 ] ORDERS the mother to report in person, at regular intervals, to the Director to inform him of the current situation; [ 26 ] RECOMMENDS that the mother remain sober in the presence of the child; [ 27 ] ORDERS that the mother refrain from any violent behaviour in the presence of the child; [ 28 ] RECOMMENDS that the mother maintain her sobriety with a follow-up with Social Services for her alcohol and personal issues; [ 29 ] RECOMMENDS that the mother be assessed by a psychologist regarding her parental capacities; [ 30 ] AUTHORIZES the Director of Youth Protection to make unannounced visits when the mother has her son; [ 31 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until July 12, 2019; [ 32 ] ORDERS the police to cooperate in the execution of this judgment; [ 33 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ MARC OUIMETTE, J.C.Q.

Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the child Mtre Angèle Tommasel

Counsel for the mother Date of hearing: February 26, 2019