2021 QCCQ 10905, 2021 QCCQ 10905

Protection de la jeunesse — 216106 2021 QCCQ 10905 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001079-208 DATE: June 10, 2021 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2019 child and A mother ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on June 10, 2021. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Lucille Beauchemin on November 27, 2020. [ 3 ] Today, the Director recommends that the child remain entrusted to a foster family and that support measures be ordered until January 31, 2022. [ 4 ] The mother and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The child has continued to thrive in the foster family of Mrs. C in Town A. She appears in good health and developing well. She is attached to her foster mother. [ 7 ] The foster mother is a friend of the mother. Their relationship remains fluctuant. She is available to care for the child for a longer period of time, but remains unsure if she is ready to care for her until her majority. [ 8 ] The mother’s situation remains essentially the same.

She acknowledged drinking alcohol from time to time, but reported having decrease the frequency of her alcohol consumption. She maintained an irregular follow-up with the Social Services. Since February 22, 2021, the mother stopped receiving services from this organization. The mother’s attorney mentioned that her client felt that those services were not adapted to her needs. [ 9 ] The mother did not give her consent for the Director to access occurrence reports. Through her attorney, the mother reported that she did not understand this request.

[ 10 ] From February 2021 to April 2021, the mother completely stopped collaborating with the Director. During that period, she refused to make a visit calendar with her daughter. Consequently, the child did not see her mother between February 16 and April 2021. By refusing to collaborate with the Director, the mother was unable to prioritize her daughter’s needs. Her refusal is a clear indication of her difficulty to regulate her emotions. [ 11 ] Due to the mother’s lack of collaboration, it remains difficult to assess her progress regarding anger management and emotion regulation.

She reported to the Youth Protection worker feeling guilty for the physical abuse on her daughter. [ 12 ] The maximum duration of placement set by the Youth Protection Act expired on April 18, 2021. The foster mother requires more time to reflect on her long-term commitment to the child. Due to the foster mother’s position, the Director is not yet able to present a long-term plan for the child.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for extension; [ 14 ] DECLARES that the security or the development of the child is still endangered; [ 15 ] EXTENDS the order rendered on November 27, 2020; [ 16 ] ORDERS that the child be entrusted to a foster family; [ 17 ] RECOMMENDS that the child remain entrusted to the foster family of Mrs. C; [ 18 ] ORDERS that the mother take an active

part in the application of any of the measures ordered and fully collaborate with the Director of Youth Protection; [ 19 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of her current situation; [ 20 ] ORDERS that the mother remain sober in the presence of the child; [ 21 ] RECOMMENDS that the mother seek formal help through the Social Services or another resource deemed appropriate concerning her substance abuse and personal issues; [ 22 ] WITHDRAWS from the mother the exercise of certain attributes of parental authority and GRANTS this exercise to the Director of Youth Protection notably regarding, health care, health services and education; [ 23 ] ORDERS that the contacts between the child and her mother be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 24 ] RECOMMENDS that the contacts between the child and the mother be encouraged if the mother is sober; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 26 ] THE WHOLE until January 31, 2022; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: June 10, 2021