2019 QCCQ 15048, 2019 QCCQ 15048

Protection de la jeunesse — 1911730 2019 QCCQ 15048 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002191-184 DATE : October 9, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2015 and A and 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.). Introduction [ 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 October 9, 2019. [ 2 ] The court is seized of an application for extension presented by the Director of youth protection (DYP) of a decision rendered on August 22, 2018, requesting that the security and development of the child be declared still in danger as expressed in the motion. [ 3 ] Consequently DYP asks the Court to maintain the child in a foster family, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the child still compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest? Context and Analysis [ 5 ] The proof reveals that the child is with her grandmother and doing well.

She attends daycare every day and does not present any delay in her development and she does not present any health concerns. [ 6 ] When sober the mother is able to take good care of her daughter but she struggles with alcohol consumption and this prevents her from caring for X. [ 7 ] Father would like his daughter back with him but he also is struggling with alcohol consumption. Both parents have to stabilize their lives, and mobilize themselves to become stable parents for X.

[ 8 ] In the next year the parents will have to take steps to be able to take good care of their daughter, beginning by establishing a real bond with their daughter, otherwise the Director will put in place a life plan for this young girl. [ 9 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the measures suggested meet her needs and deemed to be in her best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of the child are still compromised; [ 12 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection center; [ 13 ] ORDERS the Director to think of a life plan for the child; [ 14 ] ORDERS that the contact between the child and the parents be supervised by the Director of Youth Protection as for the modalities and degree of supervision, the frequency being established by the parents and the social worker; [ 15 ] ORDERS the parents to remains sober in the presence of the child; [ 16 ] ORDERS the parents to report in person, at regular intervals, to the Director of Youth Protection; [ 17 ] ORDERS the parents to seek help through Social Services concerning their drinking and personal issues; [ 18 ] ORDERS the parents to take an active

part in the application of the measures ordered; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child, her family and the foster family; [ 20 ] ENTRUSTS the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE until June 25, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Me Robert André Adam Counsel for the Director of Youth Protection Me Laurence Migué Counsel for the child Me Angèle Tommasel Counsel for the mother