2019 QCCQ 11248, 2019 QCCQ 11248

Protection de la jeunesse — 192039 2019 QCCQ 11248 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 640-41-002113-170 DATE: February 27, 2019 ____________________________________________________________________ PRESIDING : THE HONOURABLE MARC OUIMETTE, J.C.Q. ____________________________________________________________________ [SOCIAL WORKER 1] AND/OR [SOCIAL WORKER 2] , youth protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2016 Child and A Mother ____________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Sections 95(para. 2) and 75, Youth Protection Act , CQLR., c.

P-34.1 ) ____________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits 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 applied to extend a decision under s. 95 of the Youth Protection Act [1] rendered on July 24, 2018, by the Honourable Denyse Leduc, J.C.Q.

At that time, she declared that the security and development of X, born on [...], 2016, were still in danger and entrusted him to a foster family for seven (7) months. She also recommended that the Director of Youth Protection develop a permanency plan for the child. [ 2 ] At the hearing, the mother was present and assisted by counsel. The foster parents were also present with X, but only the foster mother testified.

Facts: [ 3 ] The child is showing major foetal alcohol syndrome and is currently receiving services at the Developmental Progress Clinic of Montreal. [ 4 ] The child has remained in the same foster family since the last Court hearing and is evolving positively.

The foster family has already expressed their desire to take care of the child until the age of majority. [ 5 ] On August 14, 2018, the mother started a six (6) week treatment program at [centre A] in Town A, which she completed. [ 6 ] On November 6, 2018, the mother revealed that she is still struggling with alcohol consumption issues. [ 7 ] The mother is in an abusive relationship with Mr. C. They broke up just before the hearing. [ 8 ] On January 23, 2019, the police had to intervene with the mother and Mr.

C following an incident of conjugal violence as the mother was intoxicated. [ 9 ] The next day, the mother told Youth Protection that she was four (4) months pregnant. [ 10 ] The mother has irregular contacts with the child. Position of the parties:

[ 11 ] The Director of Youth Protection wishes to entrust the child to a foster family until his majority. [ 12 ] The mother wants her son back up north with an [origin A] family. Analysis: [ 13 ] The mother suggested two new names of families that could foster the child. [ 14 ] It is important to mention that the mother gave birth to X in Town B. The child was eleven (11) days old ([...], 2016) when he was entrusted to Ms. D and Mr. E from Town C, Québec.

He stayed with the foster family until April 2017. [ 15 ] Between April and August 2017, the child was up north, where Youth Protection tried to find him a foster family. [ 16 ] In April 2017, at the family’s request, the child was entrusted to the care of his maternal aunt, Ms. F, who resides in the northern community A. Ms. F stopped fostering X for personal reasons two months later. The child then moved thirteen (13) times to eight (8) different foster families within his community. [ 17 ] During this period, the Director of Youth Protection tried a foster family in Town D.

The child stayed six (6) days before that foster family gave up fostering the child. [ 18 ] They also tried to find a foster family in different communities along the A and B coasts, without success. [ 19 ] In order to ensure his stability, it was decided to entrust X back to the care of his first foster family, Ms. D, on August 4, 2017, where he has been ever since. [ 20 ] The total foster care period must not exceed eighteen (18) months for a child between two (2) and five (5) years old. [ 21 ] It is now time to find a permanency plan for this twenty-seven (27) months old boy.

He has already spent twenty-four (24) months at the home of Ms. D and Mr. E. These foster family parents have already expressed their desire to care for the child until his majority. [ 22 ] It is clearly in the best interest of this child to stay with the only parents that he has known, the foster family of Ms. D and Mr. E. The child has bonded and is attached to this family, but he is an “[origin A]” child. No [origin A] family has been found to foster this child. [ 23 ] On the other hand, the Court has to comply with the Youth Protection Ac t and find a permanency plan for X.

It is sad for the mother who is struggling greatly with her addiction, but this child cannot wait for her. He needs care every day. [ 24 ] The Court should always be careful with a first placement outside the [origin A] community, especially with young children, who become closely attached to the foster family. It is then difficult to return them to their original community.

FOR THESE REASONS, THE COURT: [ 25 ] GRANTS this application; [ 26 ] EXTENDS the decision or order rendered on July 24, 2018; [ 27 ] DECLARES that the security and development of X, born on [...], 2016, are still in danger; [ 28 ] ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, namely Ms. D & Mr. E; [ 29 ] ORDERS the child’s mother to take an active

part in the application of any of the measures ordered by the Court; [ 30 ] ORDERS the mother to remain sober while in presence of the child; [ 31 ] ORDERS the mother to refrain from any violent behaviour in the presence of the child; [ 32 ] ORDERS that contact between the child and the mother be determined by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 33 ] TAKES NOTES that the Director of Youth Protection offers a minimum of two (2) visits per year; [ 34 ] ORDERS at least one contact by Internet per month and weekly phone calls; [ 35 ] ORDERS the Director of Youth Protection to provide the mother with pictures of the child; [ 36 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 37 ] ORDERS the police to cooperate in the execution of this judgment; [ 38 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE UNTIL [...], 2034. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Sarah Bourgeois-Lessard Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the child Mtre Angèle Tommasel Counsel for the mother Date of hearing: February 27, 2019