2019 QCCQ 19318, 2019 QCCQ 19318

Protection de la jeunesse — 198134 2019 QCCQ 19318 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000752-177 DATE: September 26, 2019 ______________________________________________________________________ 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 September 26, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Lucille Beauchemin on December 13, 2018. [ 3 ] Today, the Director recommends that the child remain entrusted to a foster family and that support measures be ordered until August 8, 2020. [ 4 ] The parents and the child’s attorney agree with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 6 ] The child remained placed in the foster family of Ms. C, his maternal grandmother, in Town A. In December 2018, the grandmother informed the Youth Protection worker that she could no longer care for the child and his brother. [ 7 ] On March 8, 2019, the child and his sibling were transferred to the foster family of the paternal aunt, Ms. D, in Town B. [ 8 ] In May 2018, Ms. D left for Town C with the child.

He was registered in daycare. [ 9 ] He is developing well and did not present any difficulty adjusting to his new environment. [ 10 ] The parents still have issues with alcohol consumption.

[ 11 ] The mother has not gone to [Centre A]. On July 9, 2019, the mother informed the Youth Protection worker that she was on a waiting list to attend the Centre B and the [Centre C]. [ 12 ] When she is sober, she can respond to the child’s needs. [ 13 ] On July 6, 2019, the police had to intervene as the mother had made threats to the father’s girlfriend, E.

During the incident, the mother threw rocks at the father and punched him in the face. [ 14 ] On July 11, 2019, the police had to intervene as the mother was causing disturbances. [ 15 ] In July 2019, the mother started a new employment as a housekeeper. [ 16 ] She was incarcerated on two occasions (from October to November 2018 and from March to April 2019). [ 17 ] The father went to one meeting with social services.

He reports having decrease his alcohol consumption. [ 18 ] When the child visits the father, he is able to provide proper supervision. [ 19 ] Several meetings were held with the father in order to assess the possible integration of the child to his home. The father has not mobilize himself to facilitate this project. [ 20 ] The parents report no longer being in a relationship but this remains to be clarified. They still have moments were they have conflict with one another.

The mother reported to the Youth Protection worker that in August 2019, the father stayed with her overnight. [ 21 ] The parents are generally collaborating with the Director. The parents still minimize the importance of the impact of their alcohol consumption. On occasions, it has been difficult to reach them. They also missed appointments scheduled with the Youth Protection worker.

Since July 20, 2019, the father has not contacted the Youth Protection worker. [ 22 ] The mother and the father have not mobilized themselves sufficiently to have the child return to their care. [ 23 ] The child needs to evolve in a loving, structured and stable environment. At this point, the child’s foster family is able to provide for him many needs.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application for extension; [ 25 ] DECLARES that the security or the development of the child is still in danger; [ 26 ] EXTENDS the order rendered on December 13, 2018; [ 27 ] ORDERS that the child be entrusted to a foster family; [ 28 ] TAKES JUDICIAL NOTICE that the Director chose the foster family of Ms. D; [ 29 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 30 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 31 ] ORDERS that the parents remain sober in the presence of the child; [ 32 ] ORDERS that the parents refrain from engaging in any form of violence or aggression in the presence of the child; [ 33 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate for her substances issues; [ 34 ] RECOMMENDS that the parents seek help through the Social Services for their relationship issues and anger management; [ 35 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; [ 36 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 37 ] ORDERS that the contacts between the children and their siblings be encouraged; [ 38 ] ORDERS that the Director of Youth Protection ensure that the recommendations made by Doctor Beltempo be followed; [ 39 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 40 ] THE WHOLE until August 8, 2020; [ 41 ] 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 October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mrs. Laurence Migué Counsel for the child Mtre Angèle Tommasel Counsel for the mother Mtre Nada Boumeftah Counsel for the father Date of hearing: September 26, 2019