2021 QCCQ 15226, 2021 QCCQ 15226

Protection de la jeunesse — 219040 2021 QCCQ 15226 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-001359-113 DATE: October 21, 2021 (written judgment rendered on January 11, 2022) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2009 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C.

Applicant and A Mother ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 (DYP) asks the Court to review a decision rendered on October 10, 2012, regarding the adolescent X, born on [...], 2009. At that date the Court declared the security and development still endangered and entrusted the child to the foster family of B and C until the age of majority. [ 2 ] The DYP submits that the situation does not allow to return the youth to his mother and asks to entrust him to a foster family, until July 31, 2022.

Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel. She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The youth is absent, but represented by Me Cassandra Neptune. He recognizes that his security and development are still endangered and he agrees with the measures. History of the Situation [ 5 ] On February 15, 2011 , The Court entrusted the child to a foster family as provisional measures. [ 6 ] On March 29, 2011 , The Court was seized with an application for protection.

The child was quite 2 years old. The mother had an alcohol consumption issues and admitted being physically abusive toward the child. The Court declared the security and development endangered and entrusted the child to a foster family for 6 months with a progressive reintegration during the last 2 months if the situation allows it. [ 7 ] On December 13, 2011 , the Court revised the situation. Since the previous decision, the mother continued to consume drugs and alcohol, she did not get in touch with the DYP and she did not exercise any contact with her child, until she started a new conjugal relationship.

Since then, she started to improve her situation, but she still had difficulty to understand the seriousness of the situation. The Court entrusted the child to a foster family for 10 months with progressive reintegration if the situation allows it, with various measures for one year. [ 8 ] On October 10, 2012 , the evidence showed that the mother’s situation remained the same and she had a violent conjugal relationship. Her boyfriend was detained at the hearing, and the mother recognized that she was still not able to assume the care of her child.

The child was doing very well in his foster family and he developed strong bonds. The Court entrusted the child to Ms. B and C until the age of majority. [ 9 ] On May 31, 2021 , the Court entrusted the youth to a foster family as provisional measures and authorized contacts with his previous foster parents.

Facts [ 10 ] The situation went very well for a long period, but since a few months the foster parents would have developed alcohol consumption issues. [ 11 ] In December 2020, the foster parents were intoxicated in the presence of the youth. In February 2021, they consume alcohol a few days in a row. In May, the situation became worse as the foster parents displayed aggressive behaviours toward the children in their house. [ 12 ] Since the end of May 2021, the adolescent had been entrusted to Ms. D, who worked at the foster department.

She is the mother of his closest friends. [ 13 ] He is doing very well there, he attends school regularly and Ms. D never raised any concerns. The adolescent confirms that he feel safe there and being loved. [ 14 ] He continues to visit his previous foster family when he wants, but he tends to diminish the frequency. Analysis [ 15 ] The situation in the foster family obviously requires a revision of the situation. This youth who had acquired stability unfortunately has to be removed from his environment. [ 16 ] Luckily a new foster family had been found and the situation appears to be very positive there.

The requested measures are in the youth’s best interest. FOR THOSE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of the adolescent X, born on [...], 2009, are still endangered; [ 19 ] ORDERS that the youth be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 20 ] ORDERS that the youth and the mother take an active

part in the application of the measures ordered by the Court; [ 21 ] ORDERS that the modalities, frequency and degree of supervision of the contacts between the youth, the mother and the former foster parents (Mr. C and Ms.

B) be determined by the Director of Youth Protection; [ 22 ] ORDERS that the youth and the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 23 ] ORDERS that a person working for an institution of a body, provide aid, counselling and assistance to the youth and the family; [ 24 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection of the A C.Y.P.C. who shall then see that the measures are carried out; [ 25 ] THE WHOLE until July 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Angèle Tommasel, attorney for the mother Date of hearing: October 21, 2021