2019 QCCQ 15184, 2019 QCCQ 15184

Protection de la jeunesse — 1911718 2019 QCCQ 15184 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-001232-096 DATE : November 27, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2009 and A Mother ______________________________________________________________________ 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.). Introduction [ 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 November 27, 2019. [ 2 ] The court is seized of an application for extension presented by the Director of youth protection (DYP) of a decision rendered on November 19, 2018, requesting that the security and development of the child be declared still in danger. [ 3 ] Consequently DYP asks the Court to entrust the child to a foster family, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the child still compromised? In the affirmati-ve, do the recommended measures answer her needs and are they in her best interest? Context and Analysis [ 5 ] The proof reveals that the mother have an history of instability.

She is still moving from places to places. [ 6 ] X needs a stable environment and she agrees to the recommendations of the DYP. [ 7 ] There were some problems in the foster family but DYP confirms that they are sole and that the family is appropriate for the child. [ 8 ] X submitted herself to a psychological assessment that occurred on November 6, 2019. [ 9 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the measures suggested meet

her needs and deemed to be in her best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of the child are still compromised; [ 12 ] EXTENDS the decision rendered on November 19, 2018; [ 13 ] ENTRUSTS the child to a foster family ; [ 14 ] TAKE JUDICIAL NOTICE that the child will be under the care of Ms. B and Mr. C ; [ 15 ] ORDERS the mother to take an active

part in the application of the measures ordered by the tribunal; [ 16 ] ORDERS the mother to remain sober and without any violent behaviour in the presence of the child; [ 17 ] ORDERS that the contacts between the child and her mother be determined by the DYP as to the frequency and modalities and degree of supervision; [ 18 ] ORDERS that the child and the family receive the services of an external educator as long as deemed necessary by the professionals; [ 19 ] ORDERS DYP to make sure that the child receives response to her basic needs including clothing ; [ 20 ] ORDERS DYP to put in place the recommendations of the psychological assessment ; [ 21 ] ORDERS DYP to organize a meeting between the foster parents and Dr Beltmpo to have the assessment explained to them ; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 23 ] ENTRUST the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE , until November 30, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Adèle Cyr Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the child