2019 QCCQ 14440, 2019 QCCQ 14440

Protection de la jeunesse — 194447 2019 QCCQ 14440 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-033972-183 DATE : May 13, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2007 child and A B parents ______________________________________________________________________ JUDGMENT REGARDING APPLICABLE MEASURES

Section 91 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 May 13, 2019. [ 2 ] Today, the Director recommends that the child be entrusted to Ms. C until June 30, 2019 and that she then be placed in a foster family until June 30, 2020. The Director recommends that support measures be ordered until June 30, 2020. [ 3 ] The father is in agreement for the child to remain with Ms. C. Following June 30 2019, he asks that the child be returned to his care.

He agrees with the support measures recommended by the Director. [ 4 ] At the beginning of the hearing, the mother and the child were also in agreement with the plan proposed by the father. Questions in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? [ 6 ] Should the Tribunal order that the child return to her father’s care as of June 30, 2019? Context and Analysis [ 7 ] On January 21, 2019, the child was maintained, on a provisional basis, in the care of Ms. C, even if Ms.

C’ family was in the process of moving to Town A in the Area A. [ 8 ] The child adjusted well to her new school in Town A. [ 9 ] In February 2019, Ms. C confirmed to the youth protection worker that she would not be able to continue caring for the child following June 2019. It was also clarified that Y, the child’s brother was not available to care for her. [ 10 ] Visits at the grandfather’s place between the child and the father were maintained. The child reported that the visits were generally positive and that she felt safe.

It still happened that the father made comments that the child perceived as hurtful in relation with her mother. [ 11 ] The child maintained telephone conversations with her mother. At this point, she is not comfortable visiting her in prison but remains open for future supervised visits when the mother will be living in the community.

[ 12 ] The mother plans to plead guilty to charges of assault. On May 27, it is possible that she will be released to a half-way house until March or April 2020. [ 13 ] On May 1st, 2019, the child reported to the youth protection worker that during a visit, approximately one month ago, the father drank alcohol to the point of intoxication. The Tribunal insisted on hearing the child testify on that topic. She confirmed what she had said to the youth protection worker. During her testimony, she mentioned that her father drank a bottle of “Jack Daniel” and that her aunt confronted him about this situation.

During his testimony, the father denied that this incident occurred. [ 14 ] The child is afraid that her father will drink again and be angry at her while intoxicated. This was a chronic and longstanding problematic. She knows that she will find the stability that she needs within a foster family environment. [ 15 ] Following the child’s testimony, the mother changed her position and decided to respect the child’s wishes. [ 16 ] Since 2007, the child has changed living environments on numerous occasions (with her mother, her paternal grandparents, her parents, a foster family, her brother Y and Ms.

C). [ 17 ] The Director has now identified a foster family that will be available to care for the child following June 30, 2019. The mother is incarcerated and is participating in many programs to better her situation. This process is encouraged by the Tribunal. At this point, the father tends to prioritize his own needs, including alcohol consumption, over the ones of his daughter. The parents have to stabilize their own situation before the Tribunal can consider returning the child to their care. The Tribunal has to consider the child’s needs for security and stability first.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] ORDERS that the child be entrusted to the care of Ms.

C until June 30, 2019; [ 19 ] ENTRUSTS the child, as of June 30, 2019, to a foster family until June 30, 2020; [ 20 ] RECOMMENDS that arrangements be made for the child to attend the high school in Town B; [ 21 ] ORDERS that the frequency and modalities of contacts between the child and her parents be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 22 ] ORDERS that contacts between the child and her extended family members be determined by the Director of Youth Protection; [ 23 ] RECOMMENDS that the father receive the services of an educator to try to understand the child’s emotional needs; [ 24 ] RECOMMENDS and ENCOURAGES the child to receive therapeutic services; [ 25 ] ORDERS that the father not consume alcohol or be under the influence of any substances in the child’s presence; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 27 ] THE WHOLE until June 30, 2020; [ 28 ] 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 May 14, 2019 /cd Mtre Sym Davis Counsel for the Director of Youth Protection Mtre Claudine DuSablon Counsel for the child Mtre Josée Lefebvre Counsel for the mother Mtre Marc Morin Counsel for the father Dates of hearing: August 20, 2018, January 10 and 21, 2019 and May 13, 2019