2020 QCCQ 11209, 2020 QCCQ 11209

Protection de la jeunesse — 208658 2020 QCCQ 11209 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000971-199 DATE: September 28, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2014 adolescent 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 28, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered on September 25, 2019. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that diverse support measures be ordered until September 30, 2021. [ 4 ] The parents were duly notified but decided not to present themselves in Court. [ 5 ] In June 2020, the father had asked his attorney to contest the proposed plan.

He wanted the child to be returned to his care. [ 6 ] The child’s attorney is in agreement with the Director’s plan. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 8 ] On April 26, 2020, the police intervene as the mother was expressing suicidal ideations. During this intervention, she was intoxicated with alcohol and the child was present. Immediate protective measures were invoked and the child was entrusted for 48 hours to his maternal aunt, Ms.

C. [ 9 ] On April 27, 2020, the maternal aunt informed the Youth Protection worker that she could no longer care for the child. The child was transferred to a foster family. [ 10 ] On April 28, 2020, the Youth Protection worker learned that the mother was hospitalized.

[ 11 ] On May 1, 2020, the Tribunal ordered the provisional compulsory foster care of the child in a foster family. [ 12 ] On May 15, 2020, the hearing was postponed until June 9, 2020. [ 13 ] Between May 18 and June 9, 2020, visits were organized between the child and his father. [ 14 ] On June 9, 2020, the hearing was postponed again as the father was hospitalized. [ 15 ] On the same date, the child was transferred to the foster family of Ms. D in Town A.

He adapted rapidly to this new environment. [ 16 ] On June 18, 2020, the Youth Protection worker was informed that the father had returned to the region A. [ 17 ] On August 18, 2020, the father reported that he was back living in Town B. He is now taking medication and was expected to meet with a CLSC worker in Town B. Recently, the Youth Protection worker had difficulty reaching him and organizing contacts with the child. [ 18 ] Since April 26, 2020, the mother has not been collaborating with the Director.

Up until now, it has been impossible for the Director to organise contacts between the child and his mother. [ 19 ] At this point, neither parent is in a position to assume the child’s care. The Director’s involvement is necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for revision and extension; [ 21 ] DECLARES that the security or the development of the child is still endangered; [ 22 ] REVISES and EXTENDS the order rendered on September 25, 2019; [ 23 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 24 ] RECOMMENDS that the child be maintained in the foster family of Ms. D; [ 25 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court and fully collaborate with the Director of Youth Protection; [ 26 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 27 ] ORDERS that the parents remain sober in the presence of the child; [ 28 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 29 ] RECOMMENDS that the parents seek help through the Social Services or another resource deemed appropriate concerning substance abuse, personal issues, mental health and relationship issues; [ 30 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 31 ] ORDERS that the contacts between the child and his parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 32 ] ORDERS that the Director of Youth Protection be authorized to perform unannounced visits at the parents’ residence when the child is present; [ 33 ] ORDERS that the police to collaborate to the execution of this judgment; [ 34 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 35 ] THE WHOLE until September 30, 2021; [ 36 ] 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 15, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection

Mtre Nada Boumeftah Counsel for the child Mtre Ève Laoun Counsel for the father Date of hearing: September 28, 2020