2019 QCCQ 11697, 2019 QCCQ 11697

Protection de la jeunesse — 192447 2019 QCCQ 11697 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000587-185 DATE: March 28, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2007 Child -and- A Mother/Respondent ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] Last summer, the Court entrusts the child and her siblings to a friend of the family, because they suffer from neglect. That lady is now taking care of them as a foster family. [ 2 ] The child expresses she feels safe and secure at the foster home. She is happy there and knows she can rely on her foster parents. [ 3 ] The mother made some progress, but she acknowledges she cannot take her children back for the moment.

She took steps to improve her financial situation and enrolled in adult education in order to complete her studies and get a diploma. [ 4 ] The mother is still involved in a stormy on and off relationship with her long-lasting spouse, who is the father of her two youngest children. However, she states that she feels she is the only one making efforts towards the goal of having the children back.

She says her spouse and herself are not good together and she fears that, as long as she lives with him, she will not get her children back. [ 5 ] The mother’s spouse still thinks the children are entrusted to a foster family only because he could not provide them with food due to his limited financial means. He still blames his past, lack of support and money, as well as Health and Social Services, for his problems. He has very little introspection. [ 6 ] The mother attends addiction counselling. However, she decided to stop her methadone treatment, saying she does not want to be on anything anymore.

Her spouse is on a Suboxone treatment program. Nevertheless, he is not involved in an addiction counselling follow-up. [ 7 ] The child and her siblings have visits at the mother’s home, but not regularly. [ 8 ] At the moment, the children’s visits take place on Saturdays and Sundays, from 1 until 3 pm. The youth protection delegate visits the mother on Fridays to make sure the home is adequate and there is some food for the children. She makes a follow-up after the visits, with the children and the foster family.

The children are happy to go home for visits. [ 9 ] The evidence convinces the Court that the application is well founded. The recommended measures are in the child’s best interest.

WHEREFORE, THE COURT: [ 10 ] GRANTS the petition for revision and extension of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 12 ] REVISES AND EXTENDS the Court order rendered on August 8, 2018; [ 13 ] ORDERS that the child be entrusted to a foster family until August 31, 2019; [ 14 ] RECOMMENDS that the foster family be the one of B; [ 15 ] ORDERS that the contacts between the child and her mother be determined according to an agreement between the parties; [ 16 ] RECOMMENDS that the mother engage in psychological counselling in connection with her personal difficulties, including drug addictions follow-up; [ 17 ] ORDERS that a person working in an organization or institution provide to the child as well as the family, help, counselling and assistance until August 31, 2019; [ 18 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Réal Grenier for the child Mrs. A the mother Written judgment filed on April 5, 2019