2015 QCCQ 8293, 2015 QCCQ 8293

Protection de la jeunesse — 15424 JL 4031 COURT OF QUÉBEC 2015 QCCQ 8293 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-027916-139 DATE: February 4 th , 2015 ______________________________________________________________________ IN THE PRESENCE OF : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Director and X Child And A B parents ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized with a Motion filed pursuant to

Section 95 of the Youth Protection Act, by a person duly mandated by the Director of Youth Protection A (" the Director" ), to extend an order rendered by the undersigned on April 2 nd , 2014, entrusting the child to a foster family with other corrective measures for a period of six (6) months; [ 2 ] The Director is recommending that the child remain entrusted to a foster family for a period of six (6) months with other corrective measures for a period of one year. [ 3 ] Both parents are present.

They are generally in agreement with the allegations of the motion and consent to the measures proposed by the Director. [ 4 ] The child’s attorney consents as well to the measures proposed by the Director. [ 5 ] It appears from the evidence that X has done well in his foster home where he has been since December 2013. He is thriving on all fronts. [ 6 ] The foster parents and parents have an amicable and positive working relationship.

They are able to exchange information and work-out the details of visits on their own. [ 7 ] It is noted that X is able to transition from one set of caregivers to the other without problem. [ 8 ] The parents have worked hard to stabilize their lives so that X can return to their care. They have maintained steady

involvement at the [center A] where they have offered their time, either as employees or volunteers. They have maintained regular contact with the Director and shown themselves to be open about their difficulties. They have shown steady interest in their son and demonstrated strong parenting skills when in his presence. [ 9 ] However, the parents have struggled in certain areas. For several months, they did not recognize the issues that brought X into care nor the need to address their substance abuse problems. Although their consumption has decreased significantly, they have not been able to control it totally.

Thus, there have been a few episodes of binge drinking where they have not been available to see their child, let alone care for him. They now acknowledge their need to stop drinking altogether. This is particularly true given that the parents are expecting their second child around May 2015. [ 10 ] Although the child sees his parents regularly, the parents’ difficulties have not allowed a reintegration process to begin. In addition to issues related to substance abuse, they have had difficulty establishing proper housing.

They moved from the shelter to an apartment in November 2014 but quickly moved to another shelter given hygiene and other issues. They have recently moved into a new apartment. [ 11 ] The Director has clearly worked diligently with the parents toward their resuming care of their child. This has been and remains the objective.

However, a year has passed and still, more time is needed in order for the parents to be in a position to receive their child. [ 12 ] Although the maximum duration of placement has been reached, the Director is asking to extend the placement another six months given that the parents collaborate, show positive parenting skills and appear to have secured appropriate lodging.

The Director is also taking into consideration the fact that X has adjusted well to having two sets of caregivers. [ 13 ] The Court agrees with the position put forward by the parties. [ 14 ] However, the parents have been made to understand the importance of working diligently over this next period so that the child can return to their care.

Failing this, the Court will again need to look at the child being offered a more permanent plan, possibly in his current foster family which, the Court is told, would be able to continue caring for the child if need be. [ 15 ] AS A RESULT AND FOR THESE REASONS, THE COURT : [ 16 ] GRANTS the Motion for Extension ; and [ 17 ] DECLARES that the security or development of the child is still compromised; [ 18 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES : [ 19 ] ORDERS that the child be entrusted to a foster family for a period of six (6) months; [ 20 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by the Director of Youth Protection; [ 21 ] ORDERS that the parents not expose the child to anyone under the influence of alcohol or mind-altering substances; [ 22 ] RECOMMENDS that the parents submit to random drug and alcohol tests at the request of the Director of Youth Protection; [ 23 ] RECOMMENDS that the parents engage in an appropriate activity that will support their sobriety; [ 24 ] ORDERS a person working for [center B] to provide aid, counsel and assistance to the child and the family for a period of one year; [ 25 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A for the purposes of the execution of this judgment; [ 26 ] ORDERS the execution of this judgement by any peace officer, if necessary; _______________________________________ CLAUDE LAMOUREUX, J.C.Q.

Me Nadia Sabik Attorney for the Director

Me Karen Doherty Attorney for the child Me Marc Morin Attorney for the parents Date of hearing : CL/nl February 4 th , 2015