2018 QCCQ 14876, 2018 QCCQ 14876

Protection de la jeunesse — 185458 2018 QCCQ 14876 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 640-41-001900-155 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2007 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A Applicant v.

A , currently detained at Établissement de detention A Mother and B, currently detained at Établissement de detention B Father ______________________________________________________________________ JUDGMENT (sections 95(1) and (2) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection of A submitted an application for extension of the decision rendered on May 12, 2017, entrusting the child to a foster family until May 31, 2018. [ 2 ] Both parents are detained, but they are represented by counsel at the hearing. On behalf of the parents, they admit some allegations and confirm that they agree with the recommendations. [ 3 ] On January 25, 2017, the child was entrusted to her aunt, Ms.

C. [ 4 ] On May 12, 2017, the Honourable Lucille Beauchemin stated the following facts: [9] As the Report notes, the child is lucky to be fostered in her extended family, and to have regular contact with her cousins, while her father gets his life together. The foster mother is presently pregnant and she has become less reliable as she often leaves town at the last minute for extended periods. [ 5 ] Shortly after the Court’s decision, the child’s foster family was changed because her aunt was not able to provide her with a stable environment.

The child was placed in several foster families. [ 6 ] On June 13, 2017, the child was placed under the care of Mr. And Ms. D. She has expressed her wellbeing with her current foster parents. The child seems to have found stability and a loving family. [ 7 ] The mother has not been involved in her child’s life for numerous years. She is waiting for her trial on the charge of murdering her ex-boyfriend. [ 8 ] The father has been in and out of prison in the past years. In March 2018, he was arrested for trafficking in substances.

He is currently detained and waiting to be sentenced. [ 9 ] In recent years, the father received follow-up care and services from an educator to work on his parenting capacities. Nevertheless, he was not able to be stable and consistent to meet the needs of the child. [ 10 ] It is important to emphasize a portion of the revision report that reminds us of the prior living conditions of this child: […] X is an agreeable and clever ten (10) years old girl. Throughout her life, she has proven to have a remarkable resiliency capacity.

In fact, she has lived through many traumas such as sexual abuse, exposure to alcohol consumption by the adults in her family, negligence, violence and losing significant family members. Additionally, she has lived through a lot of instability as she has been placed in numerous foster homes over the past years. Given her childhood experience, it’s impressive to see that these circumstances have not had

a major impact on the child behaviour and development. […] [ 11 ] Even with great resilience, a child can be affected later in life by such a traumatic childhood experience. This child needs stability in her living conditions. The short period of placement until February 28, 2019, will be used to assess a life plan for her aimed at ensuring continuity of care on a permanent basis.

FOR THESE REASONS, THE COURT: [ 12 ] GRANTS this application; [ 13 ] REVISES AND EXTENDS the decision or order rendered on May 12, 2017; [ 14 ] DECLARES that the security or development of the child X, born on […], 2007, continues to be in danger; [ 15 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection center until February 28, 2019; [ 16 ] ORDERS that the Director of Youth Protection determine a life plan aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to the child’s needs and age on a permanent basis; [ 17 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 18 ] ORDERS that the child’s parents report in person or by phone, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 19 ] ORDERS that the parents remain sober in presence of the child; [ 20 ] ORDERS that the father seek help from resources in the community concerning his alcohol, drug and personal issues; [ 21 ] ORDERS that contact between the child and the parents be determined by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A for the purpose of executing the order; [ 24 ] THE WHOLE until February 28, 2019. __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Cassandra Neptune Attorney for the child Mtre Sarah Bourgeois Lessard Attorney for the applicant Mtre Angele Tommasel Attorney for the mother Mtre Marianne Leonard Attorney for the father Date of hearing: May 23, 2018