2023 QCCQ 2541, 2023 QCCQ 2541

Protection de la jeunesse — 23905 2023 QCCQ 2541 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-000856-184 DATE: February 8, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, 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 [...], 2012 Child and A Mother and B Father ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection (the Director) submits an application for a review of the decision rendered on August 22, 2022, by the Honourable Lucie Godin, concerning the child X, born on [...], 2012. The child was entrusted to the foster family of Ms. C and Mr.

D until August 31, 2023. [ 2 ] On October 12, 2022, the foster parents informed the Director that they would no longer be able to be a foster family for the child. [ 3 ] The child was then entrusted to a foster family in Town A, Ms. E. [ 4 ] The Director asks that the child be entrusted to a foster family until December 31, 2023, along with other measures for the child and the family. [ 5 ] The mother was at the hearing. She is in agreement with the measures proposed. She would like to have some contact with her child. She stated that she has improved her situation. She is no longer homeless in Town B.

She has a stable place of residence and is working on her drinking issues. [ 6 ] Mtre Corine Jacquet, on behalf of the child, agrees with the Director’s recommendations. The child is well integrated in his new environment. [ 7 ] The father was served, but he was not at the hearing. [ 8 ] Since the beginning of the review period, the parents have remained separated. The mother, Ms. A, was without a fixed address in the [region A] for many years. She recently moved into an apartment with her partner. The couple are working on their drinking issues.

She stated that her situation has begun to improve but she did not give any details concerning the steps she has taken to address her drinking issues. Even though she said that she has been drinking less, she still has to take concrete steps to address her issue and stabilize her situation. [ 9 ] The father, Mr. B, lives in Town C and works on a regular basis. He does not report to the Director and he is not involved in his child’s life. He is not involved in any kind of follow-up and he refuses to give the Director access to any information concerning the services he has received to address his personal issues.

The Director believes that the risk of the father’s violence and sexual behaviour still exists.

[ 10 ] The Director has been involved with the family for six years now. The parents’ situation remains mostly the same except for the fact that the mother recently obtained a fixed address. [ 11 ] The child receives counselling twice a month from Dr. Damian Edwards, a psychologist. He is followed by Dr. Michèle Larose, a pediatric psychiatrist. He was prescribed medication for Attention Deficit Hyperactivity Disorder (ADHD), anxiety, and sleep difficulties. He appears to be displaying the behaviours and comprehension of a younger child.

He lacks emotional regulation and has a poor ability to navigate in social context. Under a previous order, he is supposed to be given an FASD assessment. [ 12 ] He is currently in grade 5 in French at School A in Town A. He is slowly integrating into this environment and is supported by the special education professional. [ 13 ] The child understands that his parents are struggling with excessive drinking and other personal issues. He acknowledges he cannot return to their care. However, he does ask for more contact with his family. [ 14 ] The child and his brother Y are placed in the same environment.

Contact with another sibling is also maintained. [ 15 ] The Director’s representative, Ms. [Social Worker 1], reminds the Court that the mother has not seen the child since 2021. She is open to discussing plans for the mother to visit. Those visits will have to be up north and be supervised. She expects the mother to cooperate and report to the Director. She must also address her drinking issues by receiving services. [ 16 ] The Court concludes that the recommendations are in the interest of the child. Given the fact that the child has been entrusted to the foster family of Ms.

E since October 2022, it is premature to explore long-term placement. FOR ALL THE ABOVE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] REVISES the decision rendered on August 22, 2022; [ 19 ] DECLARES that the security and development of X, born on [...], 2012, are still compromised under

section 38(b)(2), (d)(1) and (e)(1) of the Youth Protection Act ; [ 20 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 21 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the Court; [ 22 ] ORDERS that the child’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that the child receive specific health care and health services such as follow-up with a child and youth psychologist and follow-up with a child and youth psychiatrist; [ 24 ] AUTHORIZES all the professionals to discuss the child’s situation with the Director of Youth Protection; [ 25 ] ORDERS that the parents remain sober in the presence of the child; [ 26 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 27 ] RECOMMENDS that the parents seek help for their personal issues through social services or another resource deemed appropriate; [ 28 ] AUTHORIZES the Director of Youth Protection to access information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; [ 29 ] ORDERS that the terms and frequency of contact between the child and the parents and the child’s sibling be determined by the Director of Youth Protection; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the child and the family; [ 31 ] THE WHOLE until December 31, 2023.

Signed in Town D on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Corine Jacquet

For the child Mtre Camille Striganuk For the applicant Ms. A Representing herself Date of hearing: February 8, 2023