2023 QCCQ 2496, 2023 QCCQ 2496

Protection de la jeunesse — 23835 2023 QCCQ 2496 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000704-210 DATE: February 23, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2018 Child and A B Parents/Respondents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] In July of 2022, the Court entrusts the child to her maternal grandparents. Previously, the child was living with another kinship foster family.

Both parents deal with personal issues, notably stemming from addictions. [ 2 ] The director of youth protection (DYP) now asks the Court to revise and extend the last judgement, in order to undertake a progressive integration of the child with her mother and to put protective measures in place until the end of the year. [ 3 ] At the light of the evidence, child’s counsel agrees with the DYP. The mother does so as well. The father is absent. [ 4 ] The Court rules on the case through an oral judgment at the hearing.

The decision is based on the following motives. [ 5 ] A few months ago, the DYP was apparently foreseeing a long-term placement in a foster family for the child, since the grandparents do no feel that they are able to care for daily on the long term, due to their age. The worker then stated that both parents offer poor cooperation to social services. Recently, another youth protection delegate takes over the file and has a totally different perspective. [ 6 ] The mother has been living with her parents and her daughter for a while. She was then involved in caring for the child on a daily basis.

Now, she has her own apartment. It is small, but she will move to a more spacious one soon. The child visits her mother weekly, and it goes well. [ 7 ] The mother is involved in follow-ups, namely addiction counselling, and psychological follow-up. She takes her medication as prescribed by her doctor. She is on a methadone program and was able to lower her dosage over time. She cooperates with the youth protection delegate. She is working hard to put her life back on track. [ 8 ] The mother has long-lasting personal issues.

However, her progress convinces the Court that she is able to assume her parental responsibilities. [ 9 ] The father’s situation also improves. He was slow to put himself in action, but nowadays he attends all services suggested to him. He made progress in regard to his drinking. He is honest about his use of drugs and is working towards his sobriety. He meets with an addiction counsellor. He attends anger management therapy. He also works full time. [ 10 ] The child visits her father every other weekend, from Friday until Sunday.

[ 11 ] The evidence convinces the Court that the application is well founded. The child’s progressive integration with her mother meets her best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] REVISES AND EXTENDS the Court order rendered on July 6, 2022; [ 15 ] ORDERS that the child remain entrusted to her maternal grandparents under kinship foster care until April 30, 2023; [ 16 ] AUTHORIZES the child to benefit from a progressive integration with her mother starting as of February 23, 2023; [ 17 ] ORDERS that the child be entrusted to her mother as of May 1, 2023; [ 18 ] ORDERS that contact between the child and her father be determined following an agreement between the parties; [ 19 ] ORDERS that the parents be sober and do not consume in the presence of the child; [ 20 ] RECOMMENDS that the parents submit themselves to random drug testing; [ 21 ] RECOMMENDS that the mother maintain her follow-ups related to her personal difficulties, particularly her psychological follow-up and her substance addiction follow-up and ACKNOWLEDGES her commitment to do so; [ 22 ] RECOMMENDS that the father maintain his follow-ups related to his personal difficulties, particularly his anger management and his substance addiction follow-up; [ 23 ] ORDERS that the parents report at regular intervals to the DYP to inform of their current situation; [ 24 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 25 ] ORDERS that a person working in an organization of institution bring to the child as well as to her family, help, advice and support until December 31, 2023; [ 26 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 27 ] ORDERS that the parties concerned by this judgment comply with it . __________________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Ms. A the mother Mr. B the father (absent) Written judgment filed on March 13, 2023