2020 QCCQ 9466, 2020 QCCQ 9466

Protection de la jeunesse — 201856 2020 QCCQ 9466 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000462-194 DATE: February 12, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2018 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection submits an application asking the Court to extend a previous decision rendered on September 10, 2019, ordering the placement of the child in a foster family for a period of six months. [ 2 ] At the hearing, both parents are present and represented by Mtre. Michel Grenier. Mtre Yan Massé acts on behalf of the child and Mtre.

Adelia Ferreira represents the applicant. [ 3 ] The application is not challenged by the parents and they are in agreement with the recommendations made by the Director of Youth Protection. [ 4 ] The child has been fostered in the same family since the last Court order. There is no concern about his development. [ 5 ] The parents have not taken all the opportunities to go and visit their child in October and November. The child came for a two- week visit during Christmas holidays. The child was supposed to stay with the paternal grandmother, but in fact he did not.

The unannounced visits revealed that there was no problem. [ 6 ] The mother is currently pregnant and Mr. B states that he is not the father. The mother still consumes alcohol and drugs despite her pregnancy. She did not attend prenatal medical appointments. [ 7 ] The parents have an on-off relationship and have not undertaken any steps to improve this relationship. [ 8 ] They are still waiting to have their own dwelling house. [ 9 ] The paternal grandmother would be interested in taking care of the child.

All the parties agree that she should be assessed as a foster family in the best delay. [ 10 ] The parents are displaying the same personal issues and did not seriously take any steps in order to resolve their problems.

Their collaboration with the Social Worker is irregular and they are not completely transparent. [ 11 ] The parents agree to a six-month placement and the child’s lawyer is of the opinion that it is in the best interest of his client, stressing out the fact that if the parents do not solve their problem in this delay, a life plan should be established for the child. [ 12 ] To this day, the parents have not shown a clear motivation to improve their situation. They must be aware that X, as any other

child, needs a stable place to live with responsible adults taking care of him.

CONSEQUENTLY, THE COURT: [ 13 ] GRANTS the application; [ 14 ] MAINTAINS that the security and development of X, born on [...], 2018, are endangered; [ 15 ] ORDERS the placement of the child in a foster family for a period of 6 months; [ 16 ] ORDERS that the paternal grandmother be assessed to act as a foster family, and this, in the best delay; [ 17 ] RECOMMENDS that the grandmother be the foster family after the assessment if this assessment is positive; [ 18 ] ORDERS both parents to undergo an assessment to determine if they have a substance abuse problem related to alcohol and drugs; [ 19 ] ORDERS the parents to follow the recommendations made by the professionals; [ 20 ] ORDERS the parents to seek counselling for their personal issues and for their relationship issues; [ 21 ] ORDERS that access rights between the parents and the child be favoured and supervised by Director Youth Protection as for the modalities, the frequency and supervision; [ 22 ] ORDERS that aid, counselling and assistance be provided to the child and the parents for a period of 6 months; [ 23 ] ORDERS any peace officer to collaborate with the execution of the present judgment if requested to do so by the Director of Youth Protection or one of its representatives; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall see that the measures are carried out.

Signed in Town A, April 6, 2020. ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Adelia Ferreira Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A – Town B Attorney for the child Mtre. Michel Grenier Michel Grenier, Avocat – Town C Attorney for the parents Date of hearing: February 12, 2020