2020 QCCQ 9881, 2020 QCCQ 9881

Protection de la jeunesse — 201462 2020 QCCQ 9881 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000405-185 DATE: January 7, 2020 ______________________________________________________________________ PRESIDING : THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2008 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW ( s. 95 , Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection submitted an application to the Court for a review of the decision rendered on January 9, 2019, entrusting the child to a foster family for a period of one year with integration to the parents after the completion of a treatment program followed by three consecutive months of sobriety along with many supporting measures including aid, counselling and assistance for one year. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the child to a foster family for a period of one year and that it orders several assistance measures, including a follow-up by Social Services for the same period. [ 4 ] The mother and father agree with the recommendations.

They would prefer that the child be entrusted in a foster family of their community, A, but if not possible they are asking the Court to have at least two visits per month in [Community A]. [ 5 ] The child does not disagree with the recommendation, but wants visits with her parents. [ 6 ] The evidence reveals the following facts. [ 7 ] The child is eleven years old. [ 8 ] She had a hard time adjusting to her first foster home and she stated that she wants to go home. [ 9 ] As the weeks went by, the child was adjusting very well and soon she expressed having a tough time adjusting to being in a stable well structure home because she had not had that before. [ 10 ] Since the beginning of November 2019, she has not been attending school regularly. [ 11 ] The youth was suspended from school on four or five different occasions and the foster mother received a call to pick her up almost every day. [ 12 ] In December 2019, the foster home decided not to pursue fostering the youth.

[ 13 ] The Social Worker has requested another foster family in the community, but unfortunately, it has been impossible to find given the needs of the child. [ 14 ] The parents have a long history of an unstable and unhealthy relationship.

They still struggle with drugs and alcohol and need counselling to address their issues. [ 15 ] Both parents were not able to complete the recommendations made by the Court in the last judgment, more specifically attending a treatment program. [ 16 ] Neither parent has been sober for at least six consecutive months. [ 17 ] The undersigned reminds the parties that the legal time limit on the child’s placement will expire at the end of the present order. [ 18 ] Given her age and her needs, the fact that she will be entrusted to the same foster family as her sister, the Court concludes that the recommendations made by the Director are in the best interest of the child.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] REVISES the decision rendered on January 9, 2019; [ 21 ] DECLARES that the security and the development of X, born on [...], 2008, are still in danger; [ 22 ] ENTRUSTS X to a foster family in the community B in order to respect the Director’s plan to foster the two sisters together ; [ 23 ] ORDERS that the parents attend a treatment for substance abuse; [ 24 ] TAKES JUDICIAL NOTICE that the mother will commit herself as soon as possible; [ 25 ] ORDERS that the parents receive ongoing support services for substance abuse and for their personal issues; [ 26 ] ORDERS that both parents seek help to improve their co-parenting and parenting skills; [ 27 ] ORDERS that the Director support the parents in that direction; [ 28 ] ORDERS that the mother and father remain sober; [ 29 ] ORDERS that the child receive all services deemed necessary for her healthy development; [ 30 ] ORDERS a minimum of contacts between the parents and the child twice (2x) a month; [ 31 ] ENCOURAGES any other contacts that should be organized in the best interest of the child and that the frequency and modalities be agreed upon by the parties; [ 32 ] ORDERS aid, counselling and assistance to be provided to the child, her parents and her foster home for a period of one (1) year and that it be provided on a regular basis; [ 33 ] ORDERS the police to collaborate with the execution of the judgment; [ 34 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A who shall then see that the measures are carried out.

Signed in_________, on January___ 2020 __________________________________ LUCIE GODIN, J.C.Q. Mtre. Adelia Ferreira [...] Board of Health and Social Services A Counsel for the applicant Mtre. Antoine Meunier

Centre communautaire juridique A Counsel for the child Mtre. Michel Grenier Counsel for the mother Mtre. Marie-Josée Ayoub Ayoub Avocats inc. Counsel for the father Date of hearing: January 7, 2020