2017 QCCQ 13727, 2017 QCCQ 13727

Protection de la jeunesse — 176091 2017 QCCQ 13727 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] CREE VILLAGE OF [...] Youth Division No. 614-41-000235-178 DATE: September 14, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2011 [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection A, working in City A, District A Applicant and A, residing and domiciled in City B, District A Mother and B, residing and domiciled in City A, District A Father ______________________________________________________________________ JUDGMENT ( sections 38 and 75 of the Youth Protection Act , CQLR, 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 guilty of an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection has filed an application to have the security and development of the child X, born on [...], 2011, declared to be in danger, under

section 38.1 (

c) of the Youth Protection Act . [ 2 ] The mother attended the hearing and was represented by counsel. [ 3 ] She admitted that her daughter has developed a strong and healthy bond with her foster parents, C and D. The child has been voluntarily placed since the age of six months for medical reasons. She is now six years old. [ 4 ] The mother agreed that the child should remain in the care of her foster parents. The child identifies them as her parents, although she identifies her father, Mr.

B, as her other father. [ 5 ] The Court considers that there is a preponderance of evidence that: − Since the age of six months, the child has been placed in the care of C and D, under the Act respecting health services and social services for Cree Native persons [1] ; − The child has multiple medical needs which require her to live close to a hospital.

The foster family has ensured that the child received all necessary health care and services throughout the years; − The situation of the child still requires some medical needs and follow-up but it no longer requires her to live close to a hospital; − The foster parents have moved from City A to City B for work purposes; − The mother has seen her daughter on three occasions in the last three years. Initially, the father had regular contact with his daughter, but his visits have significantly decreased in the last year.

His personal circumstances have changed because he is the father of a newborn with special needs. [ 6 ] The evidence shows that the security and development of the child are in danger under

section 38.1 (

c) of the Youth Protection Act because her parents have not carried out their obligations to provide her with care, maintenance and education, and have not exercised stable supervision over her while she has been entrusted to the care of a foster family for more than one year. [ 7 ] Both parents agree to entrust the child to her foster parents. They acknowledge the strong attachment bond developed throughout the years. They admit that it is in the best interest of the child to remain with the foster family. The parents consider that the

foster family is very committed and has provided excellent care to their daughter. [ 8 ] The mother does not struggle anymore with an alcohol abuse issue. She has not consumed alcohol for a year and a half. She has a diagnosis of schizophrenia and her regular medication administered by injection ensures that she remains stable. [ 9 ] The father is currently living with nine individuals, and describes his home as overcrowded. In addition, he is the father of a newborn who requires special needs.

For him, it is important that his daughter stay with her foster parents. [ 10 ] The Director of Youth Protection recommends that the child be entrusted to the foster family for one year in order to see if the foster parents will take the necessary steps to ensure that the child is exposed to her Cree cultural heritage. [ 11 ] The position of counsel for the child is to shorten the duration of placement.

The recommendation of placement for one year is not in the best interest of the child, who needs a permanent life plan and stable conditions within a short period of time. [ 12 ] The Court shares the position of counsel for the child. The parents agree to long-term placement with the foster parents, who wish to be involved with and care for the child until she reaches the age of majority.

The child has a strong bond with the foster parents and considers them as her parents. [ 13 ] Her cultural background is important and the Director of Youth Protection must develop a plan with the foster parents to expose the child to her cultural heritage. It is not only the responsibility of the foster parents.

The Director of Youth Protection must actively support the foster parents and the parents in this aspect of the child’s development. [ 14 ] The Court believes that it will be possible to prepare a life plan during the next six months. [ 15 ] The Court wishes to emphasize that there is a preponderance of evidence that the parents are not in a situation to have their daughter live with them in the future.

It is also clear that the best interest of the child is to remain with her foster family on a permanent basis. [ 16 ] The only reason to order a six-month placement period is to have her cultural background as a Cree child acknowledged and upheld under the plan. FOR THESE REASONS, THE COURT: [ 17 ] ALLOWS the application; [ 18 ] DECLARES that the security and development of the child X, born on [...], 2011, are in danger under

section 38.1 (

c) of the Youth Protection Act ; [ 19 ] ORDERS the placement of the child with a foster family for six months; [ 20 ] STRONGLY RECOMMENDS that the foster family be the same, that of C and D, and that the placement period be used to prepare a life plan for the child; [ 21 ] ORDERS that contact between the parents and the child be supervised by the Director of Youth Protection with regard to frequency, duration and the need for a third party to supervise the visits; [ 22 ] ORDERS that the child receive all the health services or social services required by her health condition; [ 23 ] ORDERS that certain attributes of parental authority be withdrawn from the parents and delegated to the Director of Youth Protection for the purpose of signing consents for medical, educational and extracurricular activities, and travel purposes including obtaining a passport; [ 24 ] RECOMMENDS that the child be encouraged to stay in touch with her language and cultural background; [ 25 ] RECOMMENDS , considering the distance from the residence of the parents and that of the foster family, that the Director of Youth Protection provide help in order to encourage contact between X, her parents and her siblings; [ 26 ] ORDERS that aid, counselling and assistance be provided to the child, the parents and the foster family for six months; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who will see that the measures are carried out. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Yan Massé

Counsel for the child Mtre. Camille Champeval Counsel for the aplicant Mtre. Marie-Josée Ayoub Counsel for the mother Date of hearing: August 14, 2017