2020 QCCQ 11205, 2020 QCCQ 11205

Protection de la jeunesse — 208654 2020 QCCQ 11205 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000883-188 DATE: September 29, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2004 adolescent 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 adolescent remain entrusted to a foster family and that diverse support measures be ordered until May 31, 2021. [ 5 ] The mother wants the adolescent to be immediately returned to her care. [ 6 ] The adolescent agrees with the Director’s plan.

Questions in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? [ 8 ] Is it possible to return the adolescent immediately to the mother’s care? [ 9 ] Is it necessary to withdraw from the mother the exercise of certain attributes of the parental authority? Context and Analysis [ 10 ] The adolescent has been doing well in the foster family of his sister C. He follows the house rules and does his chores. [ 11 ] Since September 2019, he integrated the hockey/school program in Town A. Consequently, he spent part of his time in a foster family in Town A.

Even before the COVID-19 pandemic, he experienced difficulties with school attendance.

[ 12 ] The mother neglected to sign the necessary documents for the adolescent to obtain a passport and travel with his team for a tournament in [Country A] in February 2020. During her testimony, the mother explained that she does not read or speak well in English and asked her daughter C for help. This is an adequate way of functioning but it does not transfer this responsibility to the child’s sister. Following this disappointment, the adolescent felt unmotivated and eventually reported wanting to quit this hockey program. At this point, the relationship between the adolescent and his mother remains strained.

He does not visit with her and mostly communicate through social media. [ 13 ] The adolescent has refused to speak to the Youth Protection worker about his situation. [ 14 ] The adolescent remained in Town B and will be registered in a school up North. [ 15 ] With regards to the contacts between the adolescent and his mother, it will be important to respect the adolescent’s wishes and pace. The mother might be ready and willing to have visits with her son, but he is not yet ready. [ 16 ] 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. [ 17 ] 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. [ 18 ] On one occasion, Y returned to her foster home as the mother was consuming alcohol in her presence. [ 19 ] The foster mother reported to the Youth Protection worker that the mother has continued to consume alcohol but that she reduced her alcohol intake. [ 20 ] The Tribunal questions the mother’s transparency in relation with her consumption and personal issues. [ 21 ] 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 ”. [ 22 ] Up until August, 2020, the mother collaborated minimally. She had difficulty respecting the visitation

schedule with Y and Z. At times, the mother’s whereabouts were unknown to the Director. [ 23 ] 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 ”. [ 24 ] 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. [ 25 ] Today, the risk issues are the same. [ 26 ] On August 21, 2020, the maximum duration of placement provided in the Youth Protection Act has been reached for the adolescent.

The foster mother reports being available to care for the adolescent for as long as it is required. She has been able to meet all or the adolescent’s needs. [ 27 ] The Director is of the opinion that it still is in the adolescent’s interest to give the mother a last chance to stabilize her own situation. [ 28 ] The adolescent and the mother will have to work on their relationship. At this point, the adolescent reported to his attorney that he is not able to project himself in the long term. Consequently today, the Tribunal will not render an order until his majority.

The evidence does not support, at this point, a possible reintegration process to his mother’s care. THEREFORE AND FOR THESE REASONS, THE COURT: [ 29 ] GRANTS the application for extension; [ 30 ] DECLARES that the security or the development of the adolescent is still endangered; [ 31 ] EXTENDS and REVISES the order rendered on December 11, 2019; [ 32 ] ORDERS that the adolescent be entrusted to a foster family, namely the one of Ms. C; [ 33 ] WITHDRAWS from the mother the exercise of certain attributes of the parental authority and GRANTS this exercise to Ms.

C namely regarding health, school extracurricular activities, travelling and passport; [ 34 ] ORDERS that that adolescent attend school; [ 35 ] ORDERS that the adolescent and the mother take an active

part in the application of the measures and that they fully collaborate with the Director of Youth Protection;

[ 36 ] ORDERS that the adolescent and the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 37 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate to maintain her sobriety; [ 38 ] ORDERS that the mother remain sober in the presence of the adolescent; [ 39 ] ORDERS that the mother refrain from any kind of violence in the presence of the adolescent; [ 40 ] ORDERS that the contacts between the adolescent and the mother be determined by the Direction of Youth Protection as for the modalities, frequency and degree of supervision, taking into account the adolescent’s wishes; [ 41 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 42 ] THE WHOLE until May 31, 2021; [ 43 ] 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 adolescent Mtre Nada Boumeftah Counsel for the mother Date of hearing: September 29, 2020