2018 QCCQ 16149, 2018 QCCQ 16149

Protection de la jeunesse — 187163 2018 QCCQ 16149 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000546-173 DATE: August 8, 2018 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2008 Child and A and B Parents/Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In January of 2018, the Court orders that the child remain entrusted to a foster family, as well as other protective measures. The director of youth protection now asks the Court to revise and extend that judgment. [ 2 ] Neither parent is present at the hearing. [ 3 ] The situation revealed by the evidence can be summarized as follows. [ 4 ] Not much has changed since the last hearing, as far as the parents are concerned.

They both struggle with personal issues. [ 5 ] The mother still has to deal with addiction problems. She is on a methadone treatment program but also uses other drugs. Services are available to help her, but she is not consistent and misses scheduled appointments. The mother refuses to take responsibility for her actions and blames others instead. She tells the youth protection delegate that she does not need help and that organizations providing assistance are the ones that put her in this predicament. [ 6 ] The mother has supervised contacts with her daughter, on a regular basis.

The child is always happy to see her mother. Nevertheless, very often they just sit beside each other, with the child playing video games or watching television, while the mother naps. Moreover, the mother lacks interest in her daughter’s education and activities. [ 7 ] A few months ago, the mother discloses she is pregnant and due to give birth in August. [ 8 ] The father is now more involved in his daughter’s life. During visits, he talks with her and the child enjoys his presence. He is seeking employment, in order to be able to secure a home where the child could stay with him.

Time will tell if such a plan has an air of reality. [ 9 ] The father cooperates with youth protection. However, he still has issues to deal with, notably in regards with addictions. Contacts with his daughter are supervised to make sure he is sober. [ 10 ] The child is doing well, despite changes in her life. Following a report concerning a possible sexual assault from another child living under the same roof, she was removed from her former foster family. Since June, she lives in a new foster family and appears happy there.

[ 11 ] It is obviously in the child’s best interest to remain in foster care. [ 12 ] If the parents intend to have the child back, they will have to put themselves in action quickly and seriously. Otherwise, we will have to foresee long term measures in order to ensure the child’s security and stability. [ 13 ] The evidence convinces the Court that the application is well founded. WHEREFORE, THE COURT: [ 14 ] GRANTS the application for revision and extension of order; [ 15 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 16 ] ORDERS that the child be entrusted to a foster family until August 31, 2019; [ 17 ] ORDERS that contacts between the child and her parents are determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 18 ] RECOMMENDS that the child participate in psychological counselling; [ 19 ] RECOMMENDS that the parents participate in addictions counselling; [ 20 ] ORDERS that the parents benefit from an external educator to support them with behaviour, discipline and structure; [ 21 ] ORDERS that neither parent talk negatively about the other in the presence of the child; [ 22 ] RECOMMENDS that the mother participate in anger management; [ 23 ] ORDERS that the parents actively participate in the application of the ordered measures; [ 24 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until August 31, 2019; [ 25 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 26 ] ORDERS the parties to abide by the present order. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the child Mrs. A the mother (absent) Mr. B the father (absent)

Written judgment filed on September 4, 2018