2022 QCCQ 13924, 2022 QCCQ 13924

Protection de la jeunesse — 224808 2022 QCCQ 13924 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000788-218 DATE : May 25, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2011 child and A B parents ______________________________________________________________________ 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 9.2, 9.3 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 May 25, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucie Godin on November 30, 2021. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that support services be ordered for a period of six months. [ 4 ] The mother was duly notified but was absent at the hearing. [ 5 ] The father agreed with the Director’s plan. [ 6 ] The child’s attorney agreed with the Director’s recommendations but proposed for the child to be seen regularly by the Youth Protection worker, at least once per month.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 8 ] The child has continued to thrive in his foster family. He attends school on a regular basis. He went in the bush for [Holiday] with the foster parent. [ 9 ] The child mentioned to his attorney that he was generally doing “ ok ” within his foster family, although he was getting physically assaulted by another youth in the foster family.

During her testimony, the Youth Protection worker mentioned that this situation would be reviewed with the foster family and with the person caring for the child while the foster parents are in the bush.

[ 10 ] The mother’s situation has remained essentially the same. She did not seek formal support regarding her drug and alcohol consumption issues. She still struggles with drug and alcohol consumption. [ 11 ] The mother maintained regular contacts with the child. [ 12 ] On December 24, 2021, a sleepover was not permitted as the mother had drank alcohol the night before. A day visit was organized for December 25, 2021. [ 13 ] On April 24, 2022, the mother consumed alcohol to the point where her grandson had to be returned to his foster placement.

The mother also acknowledged having consume speed in March 2022. [ 14 ] The mother reported that she wants to attend a substance treatment program in the near future. [ 15 ] The father maintained minimal contact with the child. He mentioned to his attorney that he saw his child “ once in a while ” and that he had been sober “ for a while ”. [ 16 ] As the mother has not sought treatment for her substance and alcohol consumption, her situation remains fragile. She acknowledged consuming drugs and alcohol during spring 2022. [ 17 ] At this point, neither parent is ready to resume care of the child.

The child’s placement remains necessary.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for revision; [ 19 ] DECLARES that the security or the development of the child is still endangered; [ 20 ] REVISES the order rendered on November 30, 2021 by the Honourable Lucie Godin; [ 21 ] ORDERS that the child be entrusted to a foster family; [ 22 ] RECOMMENDS that the child be maintained in the same foster family; [ 23 ] ORDERS that the child attend school regularly; [ 24 ] ORDERS that frequency and modality of contact between the child and the parents be determined by the Director of Youth Protection; [ 25 ] RECOMMEND S that the mother attend treatment programs for her substance abuse; [ 26 ] RECOMMEND S that the mother actively engage in NNADAP services, A Center, [organism A] and other programs immediately; [ 27 ] ORDERS that the mother be sober in the presence of the child; [ 28 ] ORDERS that the child not be exposed to anyone under the influence of alcohol or drugs; [ 29 ] RECOMMEND S that the father connect to services to address his personal issues; [ 30 ] ORDERS that the parents collaborate with the Director of Youth Protection as required; [ 31 ] ORDERS that the mother report to the Director of Youth Protection once every two weeks to provide her progress; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 33 ] ORDERS that the Director of Youth Protection provide a follow-up with the child on a regular basis, and at least once per month; [ 34 ] THE WHOLE for a period of six months; [ 35 ] ENTRUSTS the situation of X to the Director of Youth Protection of Board of Health and Social Services A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on July 5, 2022 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child

Mtre Marie-Josée Ayoub Counsel for the father Date of hearing: May 25, 2022