2020 QCCQ 12970, 2020 QCCQ 12970

Protection de la jeunesse — 202067 2020 QCCQ 12970 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-032058-174 DATE: February 4, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2016 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on February 4, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on March 11, 2019. [ 3 ] Today, the Director recommends that the child be entrusted to the mother’s care and that support measures be ordered for a period of one year. [ 4 ] The parents and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The child has continued to thrive in her grandmother’s proximity foster home. She attends daycare. [ 7 ] In March 2019, an educator was reassigned to work with the family. [ 8 ] On June 21, 2019, the father was released from Correctional facility A. He then resided in a half-way house, before finding his own apartment. The father also found employment. [ 9 ] The father has been participating in an outpatient program at Pavilion A.

Monthly random drug tests came back negative. [ 10 ] In September 2019, the child had her first supervised visit with the father since his release. The visit was positive. Since, bi- weekly supervised visits have been organized. [ 11 ] The father actively collaborated with the educator and the Youth Protection worker.

[ 12 ] The mother was residing in a semi-supervised apartment associated with Portage. Since September 2019, she resides in her own apartment. [ 13 ] The mother actively collaborated with the educator and the Youth Protection worker. She continues to receive therapeutic support from CAVAC and other professionals. [ 14 ] The mother organized regular activities for the child. [ 15 ] On October 20, 2019, the mother informed the Youth Protection worker that she had relapsed the previous weekend, while the child was not in her care. She was readmitted to the Portage in-patient program.

As there was room at Portage for the child and her brother, their return to the mother’s care was authorized. [ 16 ] On November 1, 2019, the father seized the Court in order for the child to be entrusted to the paternal grandmother’s care. On November 13, 2019, the father withdrew his application. [ 17 ] On November 18, 2019, as she stabilized her situation, the mother was permitted to exit the Portage Program.

She has been attending a post-cure program. [ 18 ] The mother is also working on developing her parenting skills while participating in the Care Program. [ 19 ] The child spends extended periods in her mother’s care.

She functions well in this environment and adapted to her mother’s routine. [ 20 ] The mother has demonstrated her capacity to care for the child and her brother simultaneously. [ 21 ] Despite her relapse of October 2019, the mother took the necessary steps to stabilize her situation and minimize the negative impacts on the child. [ 22 ] At this point, the mother wishes to assume the full responsibility of her daughter. She is ready to do so. [ 23 ] Continued intervention from the Director remains necessary to support the parents.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application for revision; [ 25 ] REVISES the order rendered on March 11, 2019; [ 26 ] DECLARES that the security or the development of the child is still endangered; [ 27 ] ORDERS that the child be entrusted to the care of her mother; [ 28 ] ORDERS that the frequency and modalities of contacts between the child and her father be determined by the Director of Youth Protection, including supervision as long as deemed necessary; [ 29 ] ORDERS that the parents not be under the influence of any substance when in the child’s presence; [ 30 ] TAKES JUDICIAL NOTICE that the parents agree to undergo random drug testing and consequently, ORDERS the parents to undergo random drug testing at the request of the Director of Youth Protection; [ 31 ] WITHDRAWS from the father the exercise of the attributes of parental authority with regards to health issues and travel if he cannot be reached within 24 hours and GRANTS this exercise of this authority solely to the mother; [ 32 ] RECOMMENDS that the parents continue to receive treatment for their substance abuse, for as long as deemed necessary by the treating professionals; [ 33 ] RECOMMENDS that the mother continue to receive services for her personal issues; [ 34 ] RECOMMENDS that the father receive services for perpetrators of conjugal violence; [ 35 ] AUTHORIZES the Director of Youth Protection to obtain information with all the professionals involved as for their attendance and motivation; [ 36 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 37 ] THE WHOLE for a period of one year; [ 38 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 25, 2020 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Mylène Saad Counsel for the child Mtre Younes Ameur Counsel for the mother Mtre Marc Morin Counsel for the father Date of hearing: February 4, 2020