2019 QCCQ 14893, 2019 QCCQ 14893

Protection de la jeunesse — 1911166 2019 QCCQ 14893 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001969-168 DATE: December 18, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2014 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT (section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 ] The Director of Youth Protection A (the Director) submits an application for the extension of a decision rendered on January 29, 2019, entrusting the child to a foster family and recommending the foster family of C until January 2020, and ordered various assistance measures including a follow-up by a Social Worker until January 29, 2020. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the child be entrusted to the foster family of C and that several assistance measures be ordered, including a follow-up by Social Services until the age of majority of the child, [...], 2032. [ 4 ] The mother was reluctant to agree with the recommendations, but she feels she has no other choice. [ 5 ] The father admits all the facts that he is aware of, he ignores others and he accepts the recommendation that his child remain with Mrs.

C. [ 6 ] The evidence reveals the following facts: [ 7 ] The child will be turning six (6) on [...], 2020; [ 8 ] He still has speech and language impairment and needs hearing aids. [ 9 ] He has been entrusted to the care of Mrs. C since June 2, 2016; [ 10 ] Even though the child remains vulnerable because of his specific needs, his age and trauma, he seems to have made tremendous progress since he has been entrusted to Mrs. C. The child is currently living in the same village as his father and his sister. [ 11 ] Since the last Court hearing, multiple visits were organized between the child and his sibling.

The father has made some recent progress in his life, but he continues to consume alcohol on a weekly basis and has only recently begun working. He is collaborative with Social Services but does not seem ready to take care of a child as vulnerable as his child. [ 12 ] The mother still struggles with her alcohol consumption issues. She told a worker at Le Portage that she wants to restart contact

with her son, but she has not been in contact with the Director regarding her children. ANALYSIS [ 13 ] The child has a right to continuity of care, stable relationships and stable living conditions corresponding to his age and needs. [ 14 ] Mrs. C has been able to provide all of the above for the child. [ 15 ] Mrs. C has testified that she is ready to assume the child until his age of majority. [ 16 ] The delay of placement for the child has been reached and it is time to offer him a life plan, given his specific needs. The fact that he has improved a lot with Mrs.

C, who is able to provide for him and respect his needs, to support him in the answer to all his needs, given the incapacity of the mother and father to assume their responsibility towards the child on a daily basis, the Court concludes that all the facts alleged in the motion have been proven and that the recommendations are in the best interest of the child. THEREFORE THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of the child are still in danger; [ 19 ] ORDERS that the child be entrusted to the foster family of Ms.

C; [ 20 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 21 ] ORDERS that the child’s parents report in person, at regular intervals, to the Director to inform him of their current situation; [ 22 ] ORDERS that the contacts between the child and the parents be determined by the Director as for the modalities, frequency and degree of supervision; [ 23 ] WITHDRAWS from the parents the exercise of certain attributes of parental authority, namely regarding health, school, extracurricular activities, travelling and passport and therefore GRANTS those attributes to Ms.

C; [ 24 ] ORDERS that the child receive specific health care and health services (the ENT specialist); [ 25 ] ORDERS that the parents remain sober in the presence of the child; [ 26 ] ORDERS that the parents seek help through Social Services concerning their alcohol and personal issues; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the family; [ 28 ] ENTRUSTS the child to the Director for the execution of this present order; [ 29 ] THE WHOLE until [...], 2032, that is until the age of majority.

Signed in ________, on January ___ 2020 __________________________________ LUCIE GODIN, J.C.Q. Mtre. Laurence Migué Attorney for the child Mtre. Karianne Asselin Attorney for the applicant Mtre. Angela Tommasel Attorney for the mother Mtre. Geneviève Lucas Attorney for the father Date of hearing: December 18, 2019