2020 QCCQ 11410, 2020 QCCQ 11410

Protection de la jeunesse — 208653 2020 QCCQ 11410 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000680-154 DATE: September 30, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2006 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 September 30, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered by the honourable Lucille Beauchemin on July 10, 2019. [ 3 ] On August 27, 2020, the Tribunal postponed the hearing for the application in revision and extension and maintained the status quo, allowing if possible, the reintegration of the child with the mother. [ 4 ] Today, the Director recommends that the child be entrusted to her mother’s care and that diverse support measures be ordered until September 30, 2021. [ 5 ] The mother agrees with the Director’s plan but submit that a shorter Court order would be more appropriate in this case. [ 6 ] The child’s attorney agrees with the Director’s plan.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The child is thriving while living in the foster family of her sister, Ms. B in [Community A]. The child reports having fun with her older sister, learning traditional skills, hunting, camping and preparing meals. She respects the house rules and does her chores. [ 9 ] In school, the child presents with exemplary behaviours and she excels academically. [ 10 ] The child had regular unsupervised contacts with her mother.

Their interactions are reported as positive for the child. [ 11 ] During a certain period, the child reported to the Youth Protection worker that, even if she sometimes misses her mother and her

friends in her community, she would prefer remaining entrusted to her sister’s care until her age of majority. The child is resilient but she found with her sister, a safe and secure home. [ 12 ] During summer 2020, the child spent lots of time with her mother (July 16 to July 29 and August 29 to September 11). At this point, she wishes to go back living with her mother and return to her community. [ 13 ] Ms. B considers that her mother’s situation is stable enough to warrant the child’s reintegration to her care. [ 14 ] The mother has stabilized her situation. She works full-time at the House A.

She actively collaborated with the Director. She sought help from Social Services to address her drug and alcohol consumption issues. [ 15 ] Even though the progress is recent, elements are in place to facilitate the child’s reintegration to her mother’s care. The Director’s intervention remains necessary to support the child and the mother in this process and to ensure that the mother solidify her gains and maintain a safe and stable environment for her daughter. [ 16 ] During her testimony, Ms. [Social Worker 1], Youth Protection worker recognized that a shorter measure could apply in this case.

The mother’s collaboration and mobilization is good. THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for revision and extension; [ 18 ] DECLARES that the security or the development of the child is still endangered; [ 19 ] REVISES and EXTENDS the order rendered on July 10, 2019; [ 20 ] ORDERS that the child remains with her mother; [ 21 ] ORDERS that the child and her mother take an active

part in the application of any of the measures ordered by the Court; [ 22 ] ORDERS that the mother report periodically to the Director on the measures she applies in her own regard or in her child’s regard to put an end to the situation of compromission; [ 23 ] ORDERS that the mother remain sober in the presence of the child; [ 24 ] ORDERS that the mother ensure that there is no alcohol or drug consumption in the presence of the child; [ 25 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate concerning her substances abuse and personal issues; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 27 ] THE WHOLE until March 31, 2021; [ 28 ] 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 October 15, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly-Ann Sinnett Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: September 30, 2020