2018 QCCQ 14864, 2018 QCCQ 14864

Protection de la jeunesse — 185446 2018 QCCQ 14864 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 635-41-000732-161 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2014 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A Applicant v.

A , residing and domiciled at […] Mother ______________________________________________________________________ JUDGMENT (sections 95(2) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection of A submitted an application to the Court for extension of a decision rendered on November 30, 2017, under ss. 95(2) and 75 of the Youth Protection Act . [ 2 ] The child was entrusted to a foster family, namely B, her maternal aunt. The mother has a difficult relationship with her sister, the child’s foster mother. [ 3 ] An event occurred on February 28, 2018, involving the mother and the foster mother.

The mother, while intoxicated, called her sister and verbally attacked her. [ 4 ] Following that event, Ms. B states that she is scared and does not want to be in conflict with her sister. She has decided that she no longer wishes to care for the child until she reaches the age of majority. The applicant has tried to intervene to stop the intimidating behaviour from the mother. Despite the intervention, the foster mother maintains the same attitude. [ 5 ] The mother still struggles with excessive drinking. She also presents with suicidal ideation.

She was hospitalized in December and March, and on April 5, she was medevaced to Town A after threatening suicide. [ 6 ] Considering the foster mother’s decision to no longer be involved as a long-term foster family, steps have been taken to find another foster home. One of the mother’s aunts has been positively assessed to be the future foster family. The child already knows her and visits her on a regular basis.

According to the applicant’s testimony, when the mother was informed that her aunt will be the child’s foster family, she said she was very satisfied with that change of environment for her daughter. [ 7 ] There is still a significant risk of neglect of the child due to the mother’s unresolved issues. The child must remain in foster care. The recommendation is for a period of six months to prepare a life plan for the child. [ 8 ] The child is four years old. She has been under the care of a foster family for almost two years.

Section 91.1(

b) of the Youth Protection Act prescribes a maximum period of 18 months of placement in foster care for a child of this age. If nothing changes in the mother’s situation, it will be necessary to provide the child with stable living conditions and continuity of care. FOR ALL THE ABOVEMENTIONED REASONS, THE COURT: [ 9 ] GRANTS this application; [ 10 ] EXTENDS the decision or order rendered on November 30, 2017; [ 11 ] DECLARES that the security or development of the child X, born on […], 2014, continues to be in danger;

[ 12 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection center; [ 13 ] ORDERS that the child and the mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 14 ] ORDERS that the child’s mother report in person, at regular intervals, to the Director to inform him of the current situation; [ 15 ] ORDERS that the mother remain sober in the presence of the child; [ 16 ] RECOMMENDS that the mother seek help through Social Services for her alcohol, drug and personal issues; [ 17 ] ORDERS that contact between the child and the mother be determined by the Director with respect to the terms, frequency and degree of supervision; [ 18 ] ORDERS that contact between the child and the siblings be encouraged and be determined by the Director with respect to the terms, frequency and degree of supervision; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family; [ 20 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A, who shall then see that the measures are carried out; [ 21 ] THE WHOLE until November 30, 2018. __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Cassandra Neptune Attorney for the child Mtre Geneviève Apollon Attorney for the applicant Mtre Marianne Léonard Attorney for the mother Date of hearing: May 25, 2018