2019 QCCQ 13979, 2019 QCCQ 13979

Protection de la jeunesse — 194434 2019 QCCQ 13979 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000271-173 DATE : April 16, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2011 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 April 16, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the honourable Lucille Chabot on January 9, 2019. [ 3 ] On March 26, 2019, the Tribunal ordered the compulsory provisional foster care of the child in a foster family. [ 4 ] Today, the Director recommends that the child remain entrusted to a foster family and that support measures be ordered for a period of one year. [ 5 ] The parents and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] It has not been possible for Ms. C to continue to care for her niece, X, as she did not receive the home that she was supposed to get in the community. [ 8 ] In March 2019, the child was transferred to her great-uncle’s foster family, where her sister Y resides. [ 9 ] The child is thriving in the foster family of her paternal great-uncle. She is attending school on a regular basis.

Sometimes, she acts up in school. [ 10 ] The parents are still not in a position that would permit them to resume the child’s care. They have not yet taken the steps to correct their own personal situation. They plan to undergo treatment and are happy that the child is well taken care of by her great-uncle.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application for revision; [ 12 ] DECLARES that the security or the development of the child is still in danger; [ 13 ] REVISES and EXTENDS the order rendered on January 9, 2019 ; [ 14 ] ORDERS that the child be entrusted to a foster family; [ 15 ] ORDERS that the parents remain sober in the child’s presence; [ 16 ] RECOMMENDS that the parents seek professional help to resolve their alcohol problem; [ 17 ] RECOMMENDS that the parents receive some counselling regarding their conjugal violence; [ 18 ] ORDERS that the parents collaborate with the Director of Youth Protection; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 20 ] THE WHOLE for a period of twelve months; [ 21 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on May 22, 2019 /cd Mtre Adelia Ferreira Counsel for the Director of Youth Protection Mtre Marie-Josée Ayoub Counsel for the child Mtre Michel Grenier Counsel for the parents Date of hearing: April 16, 2019