2020 QCCQ 11207, 2020 QCCQ 11207

Protection de la jeunesse — 208656 2020 QCCQ 11207 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000885-183 DATE: September 29, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2008 child and A B (deceased) 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.). [ 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 29, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the honourable Jean Gravel on December 11, 2019. [ 3 ] On August 7, 2020, the Tribunal postponed the hearing of the application for extension and maintained status quo. [ 4 ] Today, the Director recommends that the child remain entrusted to a foster family and that diverse support measures be ordered until May 31, 2021. [ 5 ] The mother wants the child to be immediately returned to her care. [ 6 ] The child also wants to be reunited immediately with his mother.

Questions in litigation [ 7 ] Are the proposed measures in the child best interest and are they respecting her rights? [ 8 ] Is it possible to return the child immediately to the mother’s care? Context and Analysis [ 9 ] The child has been doing well in the foster family of her sister C. Up until the COVID-19 pandemic, she was attending school regularly. [ 10 ] For a certain period of time, the child went to reside with the mother almost on a full-time basis without the Director’s knowledge. This was addressed with the foster mother.

[ 11 ] From March to June 2020, the child had a difficult time respecting the visitation

schedule with the mother. The child would visit the mother as she pleased. In June 2020, the visitation

schedule was reformed. [ 12 ] During summer, the child enjoyed camping, hunting and fishing. In September 2020, she started high school in grade 7. [ 13 ] The child’s medical heart condition remains stable. She is taking her medication on a regular basis and attends medical follow- ups. She has continued to meet with child psychiatrist, Dr. Larose. In the event that she was returned to her mother’s care, the mother will have to fully assume her parental role and ensure that her daughter’s medical needs are met at all times. [ 14 ] On December 18, 2019, the mother successfully complete the A treatment program.

Since, she reported to the Youth Protection worker having relapsed on two occasions (December 2019 and March 2020). During her testimony, the mother mentioned that she only relapsed on [...], 2020; the date of her birthday. She did not remembered mentioning the March relapse to the worker. [ 15 ] During a meeting between the mother and the Youth Protection worker on January 14, 2020, the mother was intoxicated.

During her testimony, the mother denied this information. [ 16 ] On one occasion, X returned to her foster home as the mother was consuming alcohol in her presence. [ 17 ] The foster mother reported to the Youth Protection worker that the mother has continued to consume alcohol but that she reduced her alcohol intake. [ 18 ] The Tribunal questions the mother’s transparency in relation with her consumption and personal issues. [ 19 ] At this point, the mother is not involved in any sort of aftercare program in order to support her sobriety.

She mentions that she can count on the support of relatives and speak to them. She reports that she “ no longer has the desire to drink ”. [ 20 ] Up until August, 2020, the mother collaborated minimally. She had difficulty respecting the visitation

schedule with X and Y. At times, the mother’s whereabouts were unknown to the Director. [ 21 ] Since August 7, 2020, the mother made greater efforts to collaborate with the Director and to mobilize herself. During her testimony, the Youth Protection worker mentioned that she worked “ really, really well with the Director ”. This renewed collaboration is somewhat recent.

Mother explains this mobilization stating that “ she wants her children back and to get DYP out of (her) life ”. [ 22 ] In the December 11, 2019 decision, justice Gravel was quite clear as to what was expected from the mother: The mother is still confronted with alcohol abuse issues. […] She needs to prove that she can sustain her sobriety to be able to exercise her parental role. [ 23 ] Today, the risk issues are the same. [ 24 ] On August 21, 2020, the maximum duration of placement provided in the Youth Protection Act has been reached for the child.

The foster mother reports being available to care for the child for as long as it is required. She has been able to meet all or the child needs. [ 25 ] The Director is of the opinion that it still is in the child’s interest to give the mother a last chance to stabilize her own situation. [ 26 ] The Director has already put in place a reintegration process. The child already spends three days per week with the mother and this will be progressively increased. This process should be completed by January 1 st , 2021.

The mother will have to maintain her sobriety and continue her active collaboration with the Director. THEREFORE AND FOR THESE REASONS, THE COURT: [ 27 ] GRANTS the application for extension; [ 28 ] DECLARES that the security or the development of the child is still endangered; [ 29 ] EXTENDS and REVISES the order rendered on December 11, 2019; [ 30 ] ORDERS that the child be entrusted to a foster family, namely that of Ms.

C until January 1 st , 2021; [ 31 ] AUTHORIZES a progressive reintegration of the child with the mother as of today until January 1 st , 2021; following January 1 st , 2021, the child will remain under the care of the mother; [ 32 ] ORDERS that that child attend school; [ 33 ] ORDERS that the child and the mother take an active

part in the application of the measures and that they fully collaborate with the Director of Youth Protection; [ 34 ] ORDERS that the child and the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 35 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate to maintain her

sobriety; [ 36 ] ORDERS that the mother remain sober in the presence of the child; [ 37 ] ORDERS that the mother refrain from any kind of violence in the presence of the child; [ 38 ] ORDERS that the contacts between the child and the mother be determined by the Direction of Youth Protection as for the modalities, frequency and degree of supervision, taking into account the child wishes; [ 39 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 40 ] THE WHOLE until May 31, 2021; [ 41 ] 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 Nada Boumeftah Counsel for the mother Date of hearing: September 29, 2020