2023 QCCQ 8509, 2023 QCCQ 8509

Protection de la jeunesse — 232714 2023 QCCQ 8509 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000746-216 DATE : MARCH 14 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2020 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection Youth Protection of the A Health and Social Services A, working in Town A, Applicant and, A and B Parents. JUDGMENT

Article 95 al. 1 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application for a review of the decision rendered on July 18 th , 2022, entrusting the child to a foster home for a period of six months along with many supporting measures including aid, counselling and assistance for a period of one year. [ 2 ] The Director asks the Court to order that the child be entrusted to the current foster family until her age of majority and asks the Court to order several assistance measures including aid, counselling and assistance for the child and the child’s family for the same period.

[ 3 ] The mother is present. She is represented by M e Marie-Josée Ayoub who proceeds by visio. [ 4 ] M e Ayoub on behalf of the mother admits the essential of the alleged facts that she is aware of. She denies some of them with regards to the contacts she had with the child. The mother also denies being unable to resume her parental responsibilities towards the child at the present time. [ 5 ] She disagrees that her child be entrusted to a foster home until the age of majority, but she would accept a six months entrustment. She asks the Court a minimum of one contact per week and that a

schedule of visits be presented to her. She also disagrees that the exercise of parental responsibilities be withdrawn from her. [ 6 ] After having heard the whole evidence, M e Roc-Forgues on behalf of the child agrees with the permanent plan presented by the Director and considers that the Youth Protection has proved by balance of probabilities that this plan is in the interest of the child. [ 7 ] The evidence reveals the following facts. [ 8 ] The child is 2 years old. Since the last judgment, the child remained in the same foster home. She’s been entrusted to the foster home of C since December 26 th , 2021.

The child has been entrusted outside her family environment since August 2021. She was almost ten months at the time. [ 9 ] The child has received a diagnosis of foetal alcohol spectrum disorder (FASDA). She is in a process to be assessed for autism.

She is doing well under the care of her foster mother who knows about her special needs, and she takes all the necessary means in order that the child receive all services she needs. [ 10 ] The parents did not complete a treatment program. [ 11 ] The mother filled all the documents to enter at treatment program A, but she took them back when she learned there was a waiting list. [ 12 ] The mother gave birth to another child. She is presently living at her aunt, D’s home. [ 13 ] The parents continue to have an unstable relationship. The father lives just across the street of the mother.

He still struggles with alcohol consumption. [ 14 ] The mother did not maintain regular contacts with child. The evidence reveals that she has been two months without any visit and any contact with the child. [ 15 ] The father did not ask for any visit with the child. [ 16 ] [Social Worker 1], Youth Protection worker, in a report [2] dated January 24 th , 2023, analyzes the situation in the following terms: DYP still needs to be involved in the child's file due to the parents' unresolved issues with alcohol and drugs.

DYP has now maximized the length of foster placement for the child and can now be placed until her âge of majority given that her parents have not followed through with any of the court orders since she had been apprehended.

The child's mother knows that at the last court, that it was her last chance to try and address her issues and commit herself into trying to get better for her child so that she could be back into her care but has not done so. [ 17 ] The goals and objectives of the intervention are as follows [3] : Since our main goal was to see the parents attend a treatment program, resolve their consumption issues and have them commit themselves to a relapse prevention program after the completion of the treatment program and have X be returned into the care of her mother, unfortunately, this was not the outcome in X's file.

DYP is now left with the option that X be placed in the foster home of C until the age of her majority. [ 18 ] The mother testified. She expressed her wishes to go to a treatment to address her issues. She is not currently in a process to get into a treatment program. [ 19 ] The situation of the parents remains the same. [ 20 ] They have not taken any steps to get into treatment. Analysis [ 21 ] The maximum delay of placement has been reached. [ 22 ] With respect to

section 91.1, 3 rd paragraph of the Youth Protection Act : If the security or development of the child is still in danger at the expiry of the periods specified in the first paragraph, the tribunal must make an order that ensures continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis. However, if the interest of the child demands it, the tribunal may disregard the periods specified in the first paragraph if it is expected

that the child will be returned to his family environment in the short term or if there are serious reasons for doing so. The fact that services mentioned in an agreement or in an order of the tribunal have not been provided constitutes, among others, a serious reason. [ 23 ] The mother did not present any evidence of any plan who could permit the Court to conclude that the child will be return to his family in a short term. [ 24 ] The foster mother has demonstrated that she is able to exercise all the responsibilities to answer the child’s needs.

The child deserves and has a right to have a permanent plan life. [ 25 ] Therefore, the Court concludes that the application is well founded in facts and in law. THEREFORE, THE COURT: [ 26 ] GRANTS the Application; [ 27 ] REVISES the decision rendered on July 18 th , 2022; [ 28 ] DECLARES that the security and development of X born on [...], 2020, are still endangered under

section 38 ( b ) (1) iii, and ( b ) (2) of the Youth Protection Act ; [ 29 ] ORDERS that the child be entrusted to the foster home of Ms.

C, until she reaches the age of majority on [...], 2038; [ 30 ] ORDERS that the frequency and modality of contacts between the child and her parents be determined by the Director of Youth Protection according to the child’s needs and only in the interest of the child; [ 31 ] ORDERS that the parents inform the Director of Youth Protection of any steps they have taken to address their substance abuse and lifestyle issues; [ 32 ] ORDERS that the child receive all specific health care and health services that she needs; [ 33 ] ORDERS that aid, counselling and assistance be provided to the child, the child’s family and her care givers until her age of majority on [...], 2038 ; [ 34 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 35 ] The whole, until [...], 2038 . ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the mother M e Andréa Roc-Forgues Advocate for the child Dates of hearing : March 14 th , 2023 Last exhibit: D-8