2023 QCCQ 8235, 2023 QCCQ 8235

Protection de la jeunesse — 232242 2023 QCCQ 8235 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000637-140 DATE: May 2, 2023 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2010 [SOCIAL WORKER 1], in her quality of person authorized by the Director of Youth Protection of the Centre intégré de santé et services sociaux A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (sections 95, paras. 1 and 2, and

section 75 of the Youth Protection Act , CQLR., c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection has submitted an application for review and extension of the judgment rendered on November 2, 2022, by the Honourable Peggy Warolin, J.C.Q., who declared that the security and development of the child were still in danger.

The child was entrusted to the foster family of C for a period of six (6) months. [ 2 ] The Director asks that the child be entrusted to the foster family of C for a period of six (6) months and returned to the mother's care as soon as the situation allows it. [ 3 ] At the hearing, the parents were present by videoconference but were not assisted by lawyers. The child was assisted by Mtre Samuel Richard-Guertin. THE FACTS [ 4 ] On June 4, 2015, the child was placed in the foster home of D until she reached the age of majority.

The child has been entrusted to the foster home of C since March 1, 2022. [ 5 ] The parents are still residing in an old cabin in Town A. [ 6 ] The father continues to struggle with his addictions and he has relapsed since the last court hearing. He admits that he still uses drugs from time to time. [ 7 ] The mother’s situation continues to improve. She is maintaining her sobriety and is able to ensure that no one under the influence of substances is around the child during the visits. ln December 2022, the mother was admitted to the hospital for major surgery to her left foot.

Since then, she has recovered nicely and she is still maintaining her contact with the child. She has recently registered for a parenting program for adolescents. She was recently allocated a newly built home in the community, and the home is supposed to be ready at or around the end of May. [ 8 ] The mother wants to have the child return under her care since she will have a stable home in the community and is maintaining

her sobriety. [ 9 ] The child is doing well in her current foster family. She stopped the medication she was taking following a diagnosis. She is now able to control her behavior, and she is doing very well. She visits her parents on a regular basis.

She would like to return to her mother's care. [ 10 ] The social worker agrees that the child could return to her mother when the home is ready. [ 11 ] After taking into consideration the documentary evidence, the testimonies, and the positions of the parties, the Court finds that the evidence is sufficient and declares that the security or development of the child are still in danger and that the measures suggested by the Director meet her needs and are in her interest.

FOR THESE REASONS, THE COURT: [ 12 ] GRANTS this application for review and extension; [ 13 ] REVIEWS and EXTENDS the decision rendered on November 2, 2022; [ 14 ] DECLARES that the security or the development of the child is still in danger; [ 15 ] ORDERS that the child be entrusted to the foster family of C for a period of six (6) months and returned to the mother's care as soon as the situation allows it; [ 16 ] ORDERS that the parents be sober in the presence of the child and make sure they are not in presence of people under the influence of drugs or alcohol; [ 17 ] ORDERS that the parents and the child receive aid, counselling, and assistance for a period of twelve (12) months; [ 18 ] ORDERS that the parents consent to the exchange of information between all professionals involved in the family's life to put an end to the situation in which the security or development of the chiId is in danger; [ 19 ] ORDERS that the parents report to the Director of Youth Protection at regular intervals to inform him of the measures they take to put an end to the situation of endangerment; [ 20 ] ORDERS the police to cooperate to enforce this judgment; [ 21 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out; [ 22 ] The whole for a duration of six (6) months . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Marie-Michelle Grenier Lemire, Gaouette et Martel – Contentieux CISSS – [A] Counsel for the D.Y.P. Mtre Samuel Richard-Guertin Legal Aid Counsel for the child Date of hearing: May 2, 2023