2016 QCCQ 6519, 2016 QCCQ 6519

Protection de la jeunesse — 162728 2016 QCCQ 6519 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000597-143 DATE: May 3 rd 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2014 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A , Quebec, district A Mother and B , residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT ( Sections 95 and 75 , Youth Protection Act , R.S.Q. 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 asks the Court to review the decisions made on December 10 th 2015 concerning X. [ 2 ] The Court proceeded in the presence of the parents on May 3 rd 2016 in Town B. The child was represented by a lawyer.

She will be two years old next August. [ 3 ] The Director asks that the child be entrusted to a foster family, namely that of Ms C until her majority. [ 4 ] The parents do not object to the placement but want to prove within the next six months that they can make enough progress to take care of their daughter. [ 5 ] They have made some progress since December 2015. [ 6 ] Both parents have regular jobs.

They have their own house which they keep clean and appropriate. [ 7 ] The father has been sober since October 2015 but he has not real choice to consume or being under house arrest until March 2017. [ 8 ] The mother says that she wants to go for treatment in the coming months. [ 9 ] The child lives with her paternal aunt, Ms C in Town C. [ 10 ] This lady testified in Court on May 3 rd 2016. When asked if she would accept to foster the child until her majority, she answered “If there are no other options. I will agree.” [ 11 ] Ms C has taken care of the child since September 2015. She is the paternal aunt.

[ 12 ] She wants to protect her niece but also wants to respect the efforts made by her brother and her sister-in-law to get their lives back in control and to be able to exercise their parental role. [ 13 ] The placement delays permitted under

Section 91.1 of the Youth Protection Act have been reached. [ 14 ] The child will be two years old next August.

She has been in foster care for more than a year. [ 15 ] She has been in foster care with her extended family since March 2015 and with her aunt, Ms C since September 2015. [ 16 ] The parents are young and motivated to take the necessary steps to be involved in their daughter’s life. [ 17 ] The father was told prior to the revision process last March that there was a possibility of another extension of six months of placement allowing the parents to prove their goodwill and their progress. [ 18 ] The revision committee decided otherwise and the Director now asks for a placement until majority. [ 19 ] The parents need the hope and trust we still can invest in their motivation and strengths. [ 20 ] The child is stable and well taken care of in the extended family.

Ms C wants to help and protect the child but also wants to maintain her relation with her own brother. [ 21 ] The proposition of six months made by the parents is not enough to really evaluate their capacity to sustain their efforts in view of changing their lifestyle.

FOR ALL THESE REASONS, THE COURT: [ 22 ] GRANTS the motion; [ 23 ] DECLARES that the security and development of the child, X, are still in danger; [ 24 ] REVISES and EXTENDS the decision rendered on December 10 th 2015; [ 25 ] ORDERS that the child be entrusted to a foster family, namely that of Ms C for a period of eighteen months and ALLOWS a reinsertion within the family if the situation allows it; [ 26 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the child’s regard to put an end to the situation of compromission; [ 27 ] ORDERS that the parents refrain from alcohol consumption in the presence of the child; [ 28 ] ORDERS that the parents ensure that they are not intoxicated during visits with the child; [ 29 ] RECOMMENDS that the parents seek help through social services concerning their alcohol and parental skills issues; [ 30 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 31 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child, the family and the aunt, Ms C; [ 32 ] ORDERS the police to collaborate to the execution of the enactment; [ 33 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 34 ] THE WHOLE for a period of 18 months. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Geneviève Apollon, Attorney for the applicant Mtre Nicolas Welt, Attorney for the child Mtre Angèle Tommasel, Attorney for the mother Mtre Marie-Claude De Gagné, Attorney for the father