2017 QCCQ 17648, 2017 QCCQ 17648

Protection de la jeunesse — 178170 2017 QCCQ 17648 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032114-175 DATE : October 2, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2004 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 October 2, 2017. [ 2 ] The Director of Youth Protection (the Director) is asking the Tribunal to revise and extend the order rendered on March 3, 2017.

The Director alleges that on May 24, 2017 a physical altercation occurred between the mother and the child. [ 3 ] On June 2, 2017, the Tribunal ordered that the child be placed in a foster family on a provisional basis. [ 4 ] On July 3, 2017, the mother was sick and the hearing was postponed. [ 5 ] On July 12, 2017, the Tribunal began the hearing. The Director recommended that the child be maintained in a foster family for a period of four months and that support measures be ordered for a period of one year. At the time, the youth protection worker was unable to contact the father.

The mother and the child agreed with the recommended measures but they would both prefer for the reintegration to be done before school starts. The hearing was continued on October 2, 2017. [ 6 ] As her foster home placement broke down, on September 5, 2017, the Tribunal ordered the provisional compulsory foster care of the child in a rehabilitation centre. [ 7 ] Today, the child and the mother suggest to the Court that the child be entrusted to the care of her sister C. The Director does not object to such orientation and also recommends that support measures be ordered for a period of one year.

Question in litigation [ 8 ] Are the proposed measures respecting the child’s best interest and her rights? Context and Analysis [ 9 ] On May 24, 2017, a serious physical altercation occurred between the mother and the child. The mother bit her and pulled her hair. Following this, the mother was arrested and released the next day, under the condition not to have any contact with the child.

[ 10 ] At the time of the altercation, the mother had consumed alcohol. [ 11 ] On May 26, 2017, the mother undertook certain conditions before a justice of the peace or a judge. The Tribunal reminded the parties that the mother cannot communicate with the child except as provided for by the Court of Quebec, Youth division’s judgment authorizing such rights and that her condition no. 6 prevent her to be in the physical presence of the child.

This condition will have to be modified before the Criminal Court before visits could be envisaged. [ 12 ] The mother was unable to impose structure for the child, who was consuming marijuana and was staying out late with older friends. [ 13 ] On June 2, 2017, the Tribunal ordered the child’s placement in a foster family on a provisional basis. [ 14 ] The mother participated in weekly follow up with her addiction counselor and in bi-weekly meeting with her therapist. She is not in a position to resume the child’s care. [ 15 ] On June 16, 2017, a new signalement was received regarding the child’s situa-tion.

It was alleged that she has been going to a 50 year old male neighbour’s home exchanging sexual favors for drugs. This signalement was evaluated. It was deter-mined that the child had purchased drugs from the man, however not for sexual favours. [ 16 ] Since this placement, the child has been having difficulties respecting certain of the foster family’s rules. She stays out most of the day and only returns around 9:00 p.m.

She is also not always transparent around her whereabouts in the community. [ 17 ] On four occasions, the child left the foster home at night, without permission. [ 18 ] The Director intends to assess Ms. C, the child’s sister as a potential foster family for her. [ 19 ] Ms. C testified of her willingness and capacity to care for her sister. She has discussed rules and expectations with the child. [ 20 ] As a return of the child to the mother’s care is not possible at this time, the option presented by Ms. C must be considered. All the conditions are in place for this option to be successful.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for revision; [ 22 ] DECLARES that the security or the development of the child is still endangered; [ 23 ] REVISES the order rendered on March 3, 2017; [ 24 ] ENTRUSTS the child to the care of Ms. C; [ 25 ] TAKES JUDICIAL NOTICE that Ms.

C will be assessed as a foster family; [ 26 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director of Youth Protection, should the mother’s criminal conditions be lifted or modified; [ 27 ] ORDERS that the child and her mother refrain from using drugs and alcohol; [ 28 ] STRONGLY RECOMMENDS that the child receive therapeutic services; [ 29 ] STRONGLY RECOMMENDS that the mother receive therapeutic services and continue to collaborate with the services in place (i.e.

Native Women’s Shelter); [ 30 ] AUTHORIZES the Director of Youth Protection to exchange information with all treating professionals; [ 31 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 32 ] THE WHOLE for a period of one year. [ 33 ] 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.

Signed on October 10, 2017 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Michelle Robidoux Counsel for the child Mtre Karine Dallaire Counsel for the mother

Date of hearing: October 2, 2017