2023 QCCQ 8499, 2023 QCCQ 8499

Protection de la jeunesse — 232704 2023 QCCQ 8499 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000615-205 DATE : JANUARY 11 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2019 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant and A , Mother and B , Father . JUDGMENT

Article 95- Youth Protection Act [ 1 ] The Director of Youth Protection (DYP) submits an application for a review of the decision rendered on February 16 th , 2022, entrusting the child to a foster home for a period of six months and ordering several assistance measures including aid, counselling and assistance to the child and the family for the same period [ 2 ] The Director asks the Court to order that the child be entrusted to the foster home of C and D until his age of majority on [...], 2037.

[ 3 ] The mother and father have been duly served, they are absent. [Social Worker 1], Youth Protection worker testified that she tried to join them several times by phone and was unable to reach both parents. [ 4 ] The father’s whereabouts are unknown. His last contact with the child is in May 2022. He is aware of the recommendations, the mother as well. A transportation has been organised by Ms. [Social Worker 1] to ensure that the mother would be present in court.

The mother said that she didn’t want to come. [ 5 ] Me Massé, on behalf of the child, after having heard the whole evidence agrees with the recommendations. [ 6 ] The evidence reveals the following facts. [ 7 ] Since the last judgment the child remained in the same foster home and he’s developing well. [ 8 ] The mother maintained contacts with the child. The father has not requested any visit with the child. [ 9 ] The mother did not attend treatment. On two different occasions she was scheduled but did not attend. She maintains that she wants to go to treatment.

A referral was made for the mother to receive therapy but there has been no scheduled session. There has been no reports with regards to the mother drinking. [ 10 ] In April 2022 during a visit with the mother, there was a report that the child has warts and that the mother did not bring the child to the clinic as asked by a social emergency worker.

The mother continues to live in he home of the maternal grandmother. [ 11 ] At the present time, the parents are unable to resume parental responsibilities. [ 12 ] [Social Worker 1] in her report [2] dated September 15 th , 2022 analysis the situation in the following terms: The mother is not consistent with her steps. At the beginning of her pregnancy, the mother continues to smoke marijuana even though she is pregnant. The mother applied for treatment a few times and due to Covid 19, the treatment center closed downs. The mother didn't make efforts to continue seeking for help when the centers re-opened.

The mother relies on others such as her own mother to make appointments for her. The mother applied for Virtual and she couldn't attend due to her step father participating and she didn't feel comfortable. As for the father, the situation still remains the same. The father hasn't sought for help from any services. In August 11, 2022 there was some verifications done by the case worker to verify if the father sought some help. The case worker mentioned the unresolved issues and then the father said it would contact the NNADAP for his addictions and a psychologist. The phone numbers were provided.

The case worker verified if the father started to seek for help, the father didn't not call. Also, the father will need to decide, if further visits are to be scheduled, that he will be present and be consistent with his involvement with his child.

DYP is concerned when it comes to the child’s wellbeing as the mother's decisions are not for the best interest for the child, such as not seeking for medical care when he gets sick, child's routine during visits are a concern when a worker has to go in to the home to ensure the home is of order or having to wake up the mother for her visits. [ 13 ] The Court heard the testimony of the foster parents, the child has been entrusted to them since for more than a year and a half. There is no issue with the child.

The foster mother and the foster father are both very attached to the child and have demonstrated being able to answer all his needs. They are both committed towards the child on a long term. [ 14 ] Given the whole evidence, the age of the child, the fact that the maximum delay of placement has been reached, the attachment of the child towards the foster parents, the capacity of the foster parents to answers all the child’s needs, the Court concludes that the recommendations of the Director are in the interest of the child.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] REVISES the decision rendered on February 16 th , 2022; [ 17 ] DECLARES that security and development of the child are still endangered under

section 38 b ) 2 o and 38 b ) 1 o iii. [ 18 ] ORDERS that the child, X be entrusted to a foster home, namely the foster home of C and D until his age of majority, on [...] 2037 ; [ 19 ] ORDERS that the frequency and modalities of contacts between the child and the parents be determined by the Director of Youth Protection with supervision if deemed necessary; [ 20 ] WITHDRAWS certain attributes of parental authority from the parents with regards to medical, social, education and travel purposes including obtaining a passport; driver’s licence and DELEGATES them to the Foster Parents C and D; [ 21 ] ORDERS that the parents to collaborate with the Director of Youth Protection and meet with the worker upon request; [ 22 ] ORDERS the mother to engage in a substance treatment program and attend an aftercare plan;

[ 23 ] ORDERS the father to engage in a substance treatment program and attend an aftercare plan; [ 24 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the child and family; [ 25 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s parents until [...], 2037 ; [ 26 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order; [ 27 ] The whole until [...], 2037 . [ 28 ] ORDERS the execution of the present decision by any peace officer. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection Parents absent, not represented M e Yan Massé Advocate for the child Date of hearing : January11 th , 2023 Last exhibit: D-9