2022 QCCQ 13871, 2022 QCCQ 13871

Protection de la jeunesse — 224727 2022 QCCQ 13871 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-032058-174 DATE: March 7, 2022 ______________________________________________________________________ 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 March 7, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on June 16, 2021. [ 3 ] On October 28, 2021, the Tribunal entrusted the child to the paternal grandmother for an interim period of approximately 4 months. [ 4 ] On January 26, 2022, the Tribunal was seized for the Director to be granted with the exercise the attributes of parental authority pertaining to health, education, leisure and travel.

The hearing was adjourned to February 4, 2022 and then struck from the docket. [ 5 ] Today, the Director recommends that the child remain entrusted to the paternal grandmother and that support measures be ordered until the child’s age of majority. [ 6 ] The mother recognized that she could not care for the child at this point. She asked that the child remained placed with the paternal grandmother for a period of one year. [ 7 ] The child’s attorney agreed with the Director’s plan.

Questions in litigation [ 8 ] Are the proposed measures in the child’s best interest and are they respecting her rights? [ 9 ] What should be the Court order’s duration? Context and Analysis [ 10 ] The mother has continued to struggle with her addiction. On June 30, 2021, the mother tested positive for cocaine. On that date, the child stayed with the paternal grandmother. The mother mentioned that, on that occasion, a friend must have laced her cigarette with

cocaine, but that she did not consume willingly. [ 11 ] The mother disclosed that, for the past several months, she had relapsed with her drug consumption. [ 12 ] On July 2, 2021, the mother voluntarily placed the child with the paternal grandmother. [ 13 ] On July 3, 2021, the mother was brought to the Hospital A due to her suicidal ideations. [ 14 ] On July 5, 2021, immediate protective measures were invoked and the child was entrusted to the paternal grandmother. [ 15 ] On July 7, 2021, the Tribunal ordered, on a provisional basis, that the child be entrusted to the paternal grandmother. [ 16 ] In late August 2021, the child began attending kindergarten.

She is doing well in school. [ 17 ] The paternal grandmother is willing and able to continue caring for the child. She can count on the support from the paternal aunt. Given that the grandmother cannot effectively communicate in French or English, the mother did not consider her as a long term alternative. [ 18 ] The mother appears as willing to receive support services, but at this point, it is difficult for her to maintain a routine and stability for herself.

She was unable to take steps to stabilize her situation (completing her income taxes, contacting [Center A] and [Center B], requesting her Medicare card). [ 19 ] During September and October, communication and collaboration with the mother became laborious. She canceled visits with the child on numerous occasions. [ 20 ] From December 1 st to December 15, 2021, the mother was incarcerated at the Établissement de détention A in Town A due to charges of trafficking substances.

She is to appear in court in April, 2022. [ 21 ] On January 25, 2022, the Director was informed that the mother had missed the registration date for X to be registered to school for the coming year. Y also had to be registered to school. [ 22 ] At this point, the mother’s mental health and sobriety remains fragile. She must stabilize her own situation before thinking about a possible reintegration of the child to her care. She has missed numerous appointments with the Director and visits with the child. During meetings, she has difficulties staying focussed on the issues.

She has not maintained regular contacts with mental health professionals. [ 23 ] During her testimony, the mother mentioned being on a waiting list to start an outpatient program in April. Since January 2022, she is on a waiting list to have a new psychiatrist.

She knows what is expected of her in terms of sobriety and stability but recognized having consumed cocaïne in January 2022. [ 24 ] After having reassessed the alternative plans for the child, the Director is now recommending that the child be entrusted to the paternal grandmother until her majority. [ 25 ] The paternal grandmother is ready and willing to care for the child for as long as requested. [ 26 ] X has been placed with her paternal grandmother for a total of 2 years and 10 months. Her maximum duration of placement has been expired since July 6, 2018.

Y’s maximum duration of placement will be reached on January 7, 2023. [ 27 ] Both children are well attached to their grandmother and are stabilized in this environment. It is in both children’s best interest to be kept together and to have a common long term plan. Considering this, the Tribunal will exceptionally extend X’s placement to January 7, 2023. [ 28 ] The father’s whereabouts have remained unknown.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the application for revision; [ 30 ] DECLARES that the security or the development of the child is still endangered; [ 31 ] REVISES and EXTENDS the order rendered on June 16, 2021; [ 32 ] ORDERS that the child be entrusted to the paternal grandmother; [ 33 ] TAKES NOTE that the paternal grandmother is being assessed as a potential foster home; [ 34 ] ORDERS that frequency and modalities of contacts between the child and the mother be determined by the Director of Youth Protection, on the condition that the mother present as emotionally stable, sober and that the visits are beneficial for the child; [ 35 ] ORDERS that frequency and modalities of contacts between the child and the father be suspended; [ 36 ] WITHDRAWS from the father the exercise of the attributes of the parental autho-rity with regards to health, education, extracurricular activities and travel (including the issuance of a passport) and GRANTS this authority solely to the paternal grandmother;

[ 37 ] WITHDRAWS from the mother, in the event that she is not reachable for a period of 48 hours, the exercise of the attributes of the parental authority with regards to health, education, extracurricular activities and travel (including the issuance of a passport) and GRANTS this authority solely to the paternal grandmother; [ 38 ] ORDERS that the child attend school or daycare on a daily basis; [ 39 ] RECOMMENDS that the mother submit to random drug testing at the request of the Director of Youth Protection; [ 40 ] ORDERS that the mother not be under the influence of any substances in the presence of the child; [ 41 ] RECOMMENDS that the mother seek treatment for her drug and personal issues for as long as deemed necessary by the professionals involved; [ 42 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and the family; [ 43 ] THE WHOLE until January 7, 2023; [ 44 ] 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 March 15, 2022 /cd Mtre Onomé Daferuru-Savoie Counsel for the Director of Youth Protection Mtre Mylène Saad Counsel for the child Mtre Younes Ameur Counsel for the mother Date of hearing: March 7, 2022