2019 QCCQ 11837, 2019 QCCQ 11837

Protection de la jeunesse — 191882 2019 QCCQ 11837 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000240-178 DATE : February 11, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2014 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 February 11, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Denyse Leduc on May 24, 2018. [ 3 ] On January 25, 2019, the Tribunal ordered the provisional compulsory foster care of the child in a foster family. [ 4 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered for a period of six months.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 6 ] X is thriving in her foster family. She has remained placed in the same environment since June 2017. She is attached to her foster parents. They are committed to care for her until her age of majority.

She’s registered in a daycare and is doing well. [ 7 ] In her last judgment, Justice Leduc was quite clear with the parents when she stated the following: [6] A life project might be prepared for the children considering the duration of their placement and the lack or collaboration and investment of the parents. [ 8 ] The mother has not actively taken steps to stabilize her personal situation. She has not completed rehabilitation treatment. She only started seeing a psychologist on December 13, 2018. She continues to consume marijuana. She still has pending charges of drug trafficking.

[ 9 ] Following the last Court order, the mother’s collaboration to the social follow-up was uneven. More recently, she met with the youth protection worker on a regular basis. Since October 2018, she maintained regular and positive contacts with the child. [ 10 ] It is too early to assess the mother’s renewed commitment. She needs to continue in her efforts to stabilize her own situation. [ 11 ] The father has not collaborated with the youth protection worker. He did not request any visit with the child.

Although, the youth protection worker learned that he had some unauthorized contact while the child was visiting with the mother.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for revision; [ 13 ] DECLARES that the security or the development of the child is still in danger; [ 14 ] REVISES the order rendered on May 24, 2018; [ 15 ] ORDERS the placement of the child in a foster family; [ 16 ] ORDERS that the frequency and modalities of contacts between the child and her parents be supervised by the Director of Youth Protection and supervised of a third party if necessary; [ 17 ] ORDERS that the parents remain sober in the presence of the child at all times; [ 18 ] ORDERS that the parents ensure that the child is not exposed to any individuals under the influence of alcohol or drugs during visits; [ 19 ] RECOMMENDS that the mother attend and complete a substance abuse treatment program and TAKES NOTE that the mother already has plans to attend a treatment program from April 22, until May 28, 2019; [ 20 ] RECOMMENDS that the mother meet with a psychologist and follow up with the recommendations that are made; [ 21 ] ORDERS that the parents fully collaborate with the Director of Youth Protection and meet with the worker upon request; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 23 ] THE WHOLE until June 29, 2019; [ 24 ] ENTRUSTS the situation of X to the Director of Youth A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 25, 2019 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Mtre Michel Gagné Counsel for the father Date of hearing: February 11, 2019