2019 QCCQ 13978, 2019 QCCQ 13978

Protection de la jeunesse — 194433 2019 QCCQ 13978 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000245-177 DATE : April 17, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2017 child and A mother ______________________________________________________________________ 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 April 17, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the honourable Lucille Beauchemin on April 17, 2018. [ 3 ] Today, the Director recommends that the child remain entrusted to a foster family and that support measures be ordered for a period of eight months [ 4 ] The mother and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 6 ] The child is thriving in his foster family. He attends daycare on a regular basis. His foster mother ensures that all his needs are met, including his stimulation. [ 7 ] The child had visits with his siblings. [ 8 ] The mother visited the child on an irregular basis. She collaborated minimally with the Director and continues to struggle with her addiction. She admits to consuming marijuana heavily.

For a long period of time, her whereabouts were unknown to the Director. [ 9 ] The mother is not in a position to resume the child’s care. [ 10 ] During the past year, the mother has been ambivalent regarding the child’s potential adoption. [ 11 ] On February 14, 2019, the mother signed a general consent for the child to be adopted. She has not withdrawn this consent. The

Tribunal considers this as a sign of love for her child. [ 12 ] In March 2019, the mother completed a winter healing journey and participated in counselling sessions. THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for revision; [ 14 ] DECLARES that the security or the development of the child is still endangered; [ 15 ] REVISES the order rendered on April 17, 2018; [ 16 ] ORDERS that the child remain entrusted in a foster family; [ 17 ] RECOMMENDS that the child remain in the foster family of Ms. B and Mr.

C; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 19 ] THE WHOLE for a period of eight months; [ 20 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q. Written and signed on May 22, 2019 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Michel Grenier Counsel for the mother Date of hearing: April 17, 2019