2020 QCCQ 13539, 2020 QCCQ 13539

Protection de la jeunesse — 202073 2020 QCCQ 13539 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-033642-182 DATE: February 6, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2017 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 February 6, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered on September 7, 2018. [ 3 ] On October 21, 2019, the hearing had to be postponed as the Director had not taken the steps to notify the child’s father.

Today, the Tribunal dispensed the Director of her obligation to notify the father. [ 4 ] Today, the Director recommends that the child remain entrusted to the mother’s care at certain conditions and that support measures be ordered for a period of nine months. [ 5 ] The mother and the child’s attorney are in agreement with the essential of the Director’s plan. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The mother has been resisting the Director’s intervention. At times, she has been difficult to reach.

She has not always been transparent with the Director. [ 8 ] The mother has continued to lead a transient lifestyle. She has not always kept the Director aware of her coordinates. Following the September 7, 2018 order, the mother and the child resided with the maternal grandfather. At the end of October 2018, the mother and the child moved with the maternal grandmother as family members were visiting from the North and using the grandfather’s apartment.

Between December 12 and December 28, 2018, the Director was unable to locate the mother and the child. [ 9 ] Arrangements were made for the mother and the child to go reside, as of January 3, 2019, at the Native Women’s Shelter.

[ 10 ] On January 14, the mother left a message to the Youth Protection worker, letting her know that the maternal grandmother had accepted that she return living with her starting on February 1, 2019. [ 11 ] On January 15, 2019, the Native Women’s Shelter informed the Youth Protection worker that the mother and the child had not returned to the shelter the previous night. The worker found the mother and the child at the maternal grandmother’s place. [ 12 ] On June 21, 2019, the mother informed the worker that she was moving to a new apartment.

This new apartment was observed to be appropriate for the family. [ 13 ] In December 2018, the mother was arrested by the police for pushing a woman at 4 a.m. on [...] Street. [ 14 ] The mother committed to attend AA meetings. She continued to attend meeting up until 3 months ago. She maintained her sobriety since January 2019. She also agreed to receive support from Chez Doris. [ 15 ] Except for one video call in January 2019, the father has remained uninvolved in the child’s situation.

The Youth Protection worker was unable to reach him until October 7, 2019. [ 16 ] The mother ensured that the child be seen by her pediatrician for her two year follow-up. The child was always observed to be happy and well taken care of. [ 17 ] On November 10, 2019, the mother gave birth to a baby boy named Y. She had not informed the worker of this pregnancy before November 8, 2019. [ 18 ] The child has continued to reside with her mother and her partner, Mr. C.

The mother has not been transparent regarding the extensive criminal history of her partner and his time spent in prison in October 2019, for breaching conditions. [ 19 ] The Tribunal reminded the mother of her obligation to collaborate with the Director and to be transparent and forthcoming with information that could affect her child. [ 20 ] At this point, the Director’s intervention remains necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for extension; [ 22 ] DECLARES that the security or the development of the child is still endangered; [ 23 ] EXTENDS the order rendered on September 7, 2018; [ 24 ] ENTRUSTS the child to the care of her mother, as long as she reside in a place previously approved by the Director of Youth Protection; [ 25 ] TAKES JUDICIAL NOTICE that the mother has signed a lease; [ 26 ] RECOMMENDS that the mother participate in a rehabilitation treatment for her drug and alcohol use; [ 27 ] RECOMMENDS that the mother engage in parenting program/activity to develop skills that can aid her in ensuring that the child continue to be cared for appropriately; [ 28 ] AUTHORIZES the Director of Youth Protection to receive information with regards to the mother and the child with the service providers regarding attendance and motivation; [ 29 ] ORDERS that the mother inform the Director of Youth Protection of any change of address or contact information within 24 hours; [ 30 ] RECOMMENDS that the mother submit to random drug and alcohol testing as requested by the Director of Youth Protection; [ 31 ] ORDERS that the child be enrolled in daycare as soon as possible; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 33 ] THE WHOLE for a period of nine months; [ 34 ] 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.

Written and signed on February 25, 2020 /cd Mtre Isabelle Loranger

Counsel for the Director of Youth Protection Mtre Laurence Marceau Counsel for the child Mtre Marc Morin Counsel for the mother Date of hearing: February 6, 2020