2019 QCCQ 19747, 2019 QCCQ 19747

Protection de la jeunesse — 198142 2019 QCCQ 19747 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000876-182 DATE: September 27, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2011 child and A 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.). [ 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 27, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Lucille Beauchemin on December 13, 2018. [ 3 ] Today, the Director recommends that until December 31, 2019, the child be progressively reintegrated to the parents’ care and that support measures be provided until June 12, 2020. [ 4 ] The parents would like that the child be reintegrated as soon as possible, today if possible. [ 5 ] The child’s attorney is in agreement with the parents’ position.

Questions in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? [ 7 ] Is a period of progressive reintegration necessary? Context and Analysis [ 8 ] The child is thriving in the foster family of Ms. C in Town B. She is doing well in school and is now registered in grade 3. [ 9 ] Since the end of July 2019, the Director has increased the number and the frequency of the visits between the parents and the children. [ 10 ] Both parents are collaborating with the Youth Protection worker and with their addiction counsellor.

[ 11 ] Both parents completed their Treatment Program regarding their alcohol consumption. They have maintained follow ups appointments with Social Services. They participated in AA meetings. [ 12 ] Since their respective Treatment Program, the father reported having relapsed on four occasions and the mother once. [ 13 ] The Director present a “safer route” to the Tribunal suggesting that the parents need to solidify their gains and that more time is needed to implement the tools and what they have learned. [ 14 ] The parents present as highly motivated. They have taken the steps that were required from them.

They understand the potential impact of alcohol and violence on the child. They have positive support services already in place and available. [ 15 ] The Tribunal cannot be reassured at 100% of the parents’ sobriety for the future. Although, the Tribunal considers that the parents have sufficiently stabilize their situation to permit the child’s reintegration.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for extension; [ 17 ] DECLARES that the security or the development of the child is still endangered; [ 18 ] EXTENDS and REVISE the order rendered on December 13, 2018; [ 19 ] ORDERS that the child be entrusted to a foster family for a period of two weeks; [ 20 ] ORDERS that the child be reintegrated to his parents’ care within a maximum period of two weeks; [ 21 ] ORDERS that the parents report in person periodically to the Director of Youth Protection on the measures they apply on their own regards or for the child’s sake to put an end to the situation of compromission; [ 22 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 23 ] TAKES JUDICIAL NOTICE that the parents will continue to participate with the support services they already have in place; [ 24 ] ORDERS that the family receive the services of an external educator if deemed necessary; [ 25 ] ORDERS that the parents refrain from any aggression or violence in the presence of the child; [ 26 ] ORDERS that the parents remain sober in the presence of the child; [ 27 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; [ 28 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and the family; [ 29 ] THE WHOLE until June 12, 2020; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Angèle Tommasel Counsel for the child Mrs. Laurence Migué Counsel for the mother Mtre Nada Boumeftah Counsel for the father Date of hearing: September 27, 2019