2022 QCCQ 9009, 2022 QCCQ 9009

Protection de la jeunesse — 224874 2022 QCCQ 9009 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Child Division N o . 640-41-001352-118 DATE : JULY 22 nd , 2022 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2006 Child and A B Parents/Applicant and [SOCIAL WORKER 1] , child protection worker, duly authorized by the Director of Child Protection A of Health and Social Services A, working in [...], Defendant . JUDGMENT

Article 95 - Child Protection Act [ 1 ] The Applicant, the parents of the child, submits an application for a review of the decision rendered on April 16 th , 2014, ordering the placement of the child in a foster family namely the one of C and D until she reaches the age of majority and ordering several assistance measures including aid, counselling and assistance to the child and her parents and foster parents until the same date. [ 2 ] The parents allege that since the last judgment, the child’s situation requires that the previous decision be revised for some reasons and ask the Court to order that their daughter be entrusted back to her parents. [ 3 ] The Director admits all the alleged facts that he is aware of. [social worker 1], Child Protection worker assessed the situation and recommends to the Court that the child be entrusted to her parents and to order assistance measures the whole for a period of one year as

of today. [ 4 ] M e Massé on behalf of the child admits the essential of the alleged facts. The child ignores some of them. She agrees with the measures proposed. [ 5 ] The evidence following the following facts. [ 6 ] Since the last judgment, the child remained in the foster home of C and D. The foster family relocated to Town A with the child a few years ago. [ 7 ] Since August 2020, the parents live in Town B where they have their own apartment.

On June 12 th , 2021, the child’s foster mother passed away which has impacted the foster family and the child’s mental state. [ 8 ] On February 16 th , 2022, a judgment from the Court of Québec authorizes the reintegration of one of the child’s siblings with the father on June 30 th , 2022, if the situation allows it. [ 9 ] On April 12 th , 2022, the mother gave birth to another child.

The Director of Child Protection is not involved in the life of this child and the child is living full time with the parents. [ 10 ] Since the last judgment, the parents took active steps to address their drinking and personal problems. [ 11 ] Between August 31 st 2020 and September 2020, the mother has sought help from the [Services A] in Town B and attended psychology sessions (exhibit P-2). [ 12 ] The parents have sought services from Native Town B to address their relationship and family issues (exhibit P-3). [ 13 ] The parents have attended therapy to address their substance abuse issues.

The father has been sober for about two years. The mother only drank once in the last two years without the presence of the child and not to the point of intoxication. [ 14 ] The parents have regular visits with the child and respect the

schedule of contacts put in place by the Director. No concerns have been raised during the visits. [ 15 ] The parents have expressed to the worker their wish to have the child back in their care. [ 16 ] The child expressed to the worker her desire to go live with the parents. [ 17 ] [Social worker 1], Child Protection worker, in a report dated July 11 th , 2022, filed as exhibit D-2 analysis the situation as follows [2] : The DYP acknowledges and commends both parents in the positive steps that they have taken to stabilize their lives in Town B.

However, there are certain pieces that need to be acknowledged and that is; X has not resided with her parents for many years, more than half of her life and time will be needed to assess the progress to her parents remains questionable. X will be removed from the Cree territory where she has lived most of her life and adjust to a lifestyle and educational system from the South. She did live in Town B for a couple of years with late C and her husband D when she was much younger.

It would be highly recommended that the family engage with family therapy to ensure the family's stability considering the couple now have more responsibilities with their children ranging from infant to teens.

And to request a collaboration with A Child and Family Services to follow up with family; for these reasons, the following is recommended. [ 18 ] The Child Protection worker also identifies goals and objectives for the recommendations which are [3] : -To determine the feasibility of a return of X to her parents -To ensure a full collaboration between the parents, X and service providers -To determine a final plan. [ 19 ] Given the age of the child, her desire to go live with her parents, the improvement in the situation of the parents that has an impact on their ability and capacity to ensure the child’s needs, the Court concludes that the recommendations to which all parties agree on are in the interest of the child.

THEREFORE, THE COURT: [ 20 ] GRANTS the application; [ 21 ] REVISES the decision rendered on April 16 th , 2014; [ 22 ] DECLARES that the security and development of X , born [...] , 2006 are still endangered; [ 23 ] ORDERS that the youth, X be entrusted to her parents;

[ 24 ] ORDERS that the youth receive professional therapy and attend all scheduled appointments with consistency; [ 25 ] ORDERS that the parents A and B, engage in family programs/ therapy and that they ensure X’s attendance if so requested by the therapist; [ 26 ] ORDERS that the youth and the youth’s parents to be consistent in receiving professional help and work accordingly to the recommendations given by professionals; [ 27 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family; [ 28 ] ORDERS that aid, counselling and assistance be provided to the youth and the youth’s family for a period of one year , until July 22 nd , 2023 ; [ 29 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the present order; [ 30 ] The whole , until July 22 nd , 2023. ___________________________________ LUCIE GODIN, J.C.Q.

M e Magdalena Lempicka Attorney for the Director of Child Protection M e Justine Bergeron Attorney for the parents M e Yan Massé Advocate for the child Dates of hearing : July 22 nd , 2022 Last exhibit: D-2