2023 QCCQ 11021, 2023 QCCQ 11021

Protection de la jeunesse — 235732 2023 QCCQ 11021 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000673-209 DATE: September 27, 2023 ______________________________________________________________________ BY MADAM JUSTICE ANDRÉE ST-PIERRE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , in her quality of authorized person by the Director of youth Protection, working for Social Services A; Applicant and X Child and C and D Parents/Respondents ______________________________________________________________________ JUDGMENT ON APPLICATION FOR REVISION AND EXTENSION OF ORDER ______________________________________________________________________ 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 (DYP) asks the Court to revise and extend the order rendered on March 30, 2023, and to order that X, who is 14 years old, be entrusted to the foster family of Ms. E until his majority. [ 2 ] The child’s lawyer admits the facts stated in the application and agrees with the recommendations sought by the DYP. The mother was duly served with the application but she is not present nor represented.

The father has never been notified with proceedings regarding his child. He has never been involved and DYP does not know anything about him. He apparently used to live in USA. The mother mentioned he was deceased but there is no proof of that. [ 3 ] The Court allows the file to proceed even if the father did not receive the application.

CONTEXT [ 4 ] The mother has three children from a previous relation with F, Y who is ten years old, Z who is eight years old and A who is six years old and she also has a younger daughter, B, born from a later relation, who is one year old. [ 5 ] DYP has been involved with the family since 2019, since there is a risk of neglect. The mother has drug issues. The mother left for the United States in February 2019 and left Y and A with their paternal grandmother and Z to his paternal grandfather. All the children were entrusted to a foster family on September 20, 2021.

ANALYSIS [ 6 ] During the spring of 2023, the mother went to the Mother and Child treatment program at [Centre A] concerning her addiction issues with her younger child. After the end of the therapy, she lived in [Centre A]’s supervised apartment, but she left the center without letting anyone know her whereabouts and moved back to the Community. Her young baby was entrusted to her father after a search warrant was prepared to find her. [ 7 ] The mother remains sober for a short time basis and falls back into the circle of using drugs after. [ 8 ] The mother does not involve herself in the follow-up by DYP.

She does not request any contact with her children, nor does she ask any news about them. [ 9 ] Since there is no follow-up, the mother has not participated in any random drug test since March 24, 2023. She then tested

positive for cocaine. [ 10 ] X is in grade 8. His academics have increased in the mid-last school year, and he made a huge progress. He felt he was not ready to advance so he his still in grade 8 this year. He his proud of the fact that he can learn things to his peers this year. He benefits from different activities and enjoys leaning new skills. He used to have problems to try new things and experiment different food for example, but that is not the case anymore even if some things remain difficult. [ 11 ] X wants to be adopted by Ms.

E and he told that to his mother. [ 12 ] X was born in USA, moved to Canada when he was still a baby. He is not a Canadian citizen and does not have any status card. DYP assures the Court she is working on that. [ 13 ] The security and the development of the child are still considered to be in danger according to

section 38

c) of the Youth protection act . MESURES [ 14 ] The children have been in Ms. E family for two years. They are all together including X who was not with them in the past, since he was raised by his maternal grandmother. Everyone of the children adapted well in the foster family. They all have a strong bond between them, with the foster parent, with her children and with the other children living there. [ 15 ] The children lived in different homes, and they now have the chance to live in a stable home environment. [ 16 ] Ms.

E is willing to keep all the children until their majority and to collaborate with all the professionals involved with the children. The foster family lives in the community and participates with the children to activities such as the pow-wow and other cultural events. The children take dancing classes, they learn their language at school. [ 17 ] Ms. E travels to Florida regularly and takes the children with her, except for X who does not have a citizen card. She manages for X to travel somewhere else and that he also participates in interesting activities.

DYP is trying to do things for the child’s citizenship papers. [ 18 ] Even if the child’s mother and grand-father live in the community, the child does not run into them often but when it happens Ms. E allows them to talk to each other, to have a hug. [ 19 ] The measures sought for by the DYP are in the child’s best interest, all of the children receive the care they need from the foster family.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for revision and extension of order; [ 21 ] DECLARES that the security and development of X are still considered to be in danger; [ 22 ] ORDERS that the child be entrusted to the foster family of Ms.

E; [ 23 ] ORDERS that the contacts between the child and his mother be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 24 ] If no agreement can be reached, ORDERS that the child has one visit every three months, for two hours with his mother, in respect of the child’s desire and on the condition that the mother calls a week ahead to plan and organize the visit; [ 25 ] WITHDRAWS the attributes of parental authority attributes from the mother concerning social, medical and school authorizations, as well as the authorizations pertaining to travel, for a passport request and for a driver’s licence application and AUTHORIZES the foster family, Ms.

E to exercise those parental authority attributes; [ 26 ] RECOMMENDS to the mother to submit herself to random drug testing; [ 27 ] RECOMMENDS to the mother to involve herself in addiction counselling as long as deemed necessary by the professionals involved; [ 28 ] ORDERS that the mother reports at regular intervals to the DYP to inform of her current situation; [ 29 ] ORDERS that the mother participates in the application of these measures; [ 30 ] ORDERS to the DYP to name someone to provide aid, counsel and assistance to the child and his family; [ 31 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present measure until [...], 2027 (date of the child’s majority).

Signed on October 16, 2023 __________________________________ ANDRÉE ST-PIERRE, J.C.Q. Me Mylène Pelletier-Rivet Contentieux CISSS A Attorney for the Applicant C Absent/ not represented D Absent/ not represented Date of hearing: September 27, 2023