2022 QCCQ 6392, 2022 QCCQ 6392

Protection de la jeunesse — 222287 2022 QCCQ 6392 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 635-41-001073-201 DATE: April 21, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and X, born on […], 2013 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.) [ 1 ] On September 22, 2021, the Honourable Peggy Warolin, J.C.Q., rendered a decision under

section 95 of the Youth Protection Act ( YPA ) concerning the situation of X, born on […], 2013, and Y, born on [...], 2015.

The Court ordered the following measures: GRANTS the application; DECLARES that the security and development of the child X, born on […], 2013, are still endangered; ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; ORDERS that the child return to the parents when the situation allows it, notably, if: • The parents engaged in a therapy regarding their alcohol consumption; • The parents stay sober in the presence of the child; • The parents do not miss any visit with their kids because of alcohol consumption; • The parents collaborate actively by being involved in their children’s medical follow-up and other needs; ORDERS that the terms and degree of supervision of all contacts between the child and the parents be determined by the Director of Youth Protection; ORDERS that the parents take an active

part in the application of the measures ordered by the Court; ORDERS that the parents remain sober from drugs and alcohol and refrain from any violent behaviour in the presence of the children; RECOMMENDS the parents to seek help, through the Social Services or other resources deemed appropriate for their substance abuse and personal issues; AUTHORIZES the Director of Youth Protection to conduct unannounced visits to the parents’ home when the children are under their care; AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the child, the family and the foster family;

ENTRUSTS the situation of the child X , to the Director of Youth Protection of the A C.Y.P.C. who shall then see that the measures are carried out; THE WHOLE until February 28, 2022; [ 2 ] The father was present at the hearing and was represented by Mtre Ève Laoun. He did not contest the recommendations of the Director of Youth Protection (DYP). [ 3 ] The situation of the parents remains the same. They have not addressed their alcohol consumption issues. [ 4 ] The parents’ cooperation has been inconsistent.

It was difficult to reach them and, on several occasions, they did not attend scheduled meetings. [ 5 ] In the beginning, after the last judgment, the parents were better able to maintain regular contact with the children. In October 2021, the mother exposed the child’s younger sister to alcohol consumption on two different occasions. [ 6 ] The DYP decided to stop the visits until the situation is addressed with the parents. Consequently, the children did not have any visit or contact with their parents for more than five weeks. They were not reachable and they did not contact the social worker.

The parents do not seem to understand the importance of having regular contact to ensure the children’s stability. The child Y [ 7 ] Y is a six-year-old child who has a neurological handicap called hemiparesis, a left-sided body weakness, which affects his motor skills. He receives the services of an occupational therapist and a physiotherapist. [ 8 ] The child has some difficulties when facing a motor challenge. According to the foster family, he has improved and is gaining autonomy. He has also improved his pronunciation and vocabulary with the help of the foster family.

The child X [ 9 ] X is an eight-year-old child. According to the foster parents, he is becoming more and more autonomous. He still has difficulties understanding certain rules related to toilet training and cleanliness. The child met with a pediatrician, who could not exclude an intellectual deficiency. He suggested seeing the child after he has settled in with the foster family to evaluate whether the developmental delay is due to a lack of stimulation or a more profound issue. [ 10 ] He receives the services of an occupational therapist. He also has a follow-up with a speech therapist.

According to the foster family, they worked every day on his pronunciation and vocabulary. He is able to communicate better. He is supposed to be followed by a psychoeducator at school to facilitate his learning process. [ 11 ] Y and X have been under the care of Mr. C and Ms. D since September 2021. The foster parents are very attached to them. They understand the implication of the children’s specific needs and are ready to overcome this challenge.

However, since the children have only been living with the foster family for four months, they acknowledge that it would be premature to commit at this time to a placement until they reach the age of majority. They are careful to respect the parents’ place in the children’s lives. [ 12 ] The Court agrees with the DYP that it is necessary to give the children and the foster family more time to adjust to each other.

The children are in a stable and safe en-vironment with the foster family, who is also very concerned about their special needs. [ 13 ] The best interest of the children is for them to be entrusted to a foster family to stabilize and improve their development as much as possible. [ 14 ] The parents will have to cooperate more actively with the DYP and participate in services to address their alcohol issues and improve their parenting skills. [ 15 ] An additional period of placement will allow the parents to take action to prevent the children’s placement until they reach the age of majority. [ 16 ] The Court must emphasize the fact that the maximum placement period will be reached after this order and, if reintegration is not possible, the best interest of the children will be to consider a permanent plan for them.

FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of X, born on […], 2013, are still endangered; [ 19 ] ORDERS that the child be entrusted to a foster family; [ 20 ] ORDERS that the child be reintegrated with his parents when the situation allows it; [ 21 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 22 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation;

[ 23 ] ORDERS that the parents remain sober from drugs and alcohol and refrain from any violent behavior in the presence of the child; [ 24 ] RECOMMENDS that the parents seek help, through social services or another resource deemed appropriate for their substance abuse and personal issues; [ 25 ] ORDERS that the Director of Youth Protection be authorized to access the information regarding the parents’ attendance at appointments with professionals and their level of involvement in the services provided; [ 26 ] ORDERS that contact between the child and the parents be determined by the Director of Youth Protection with regards to the terms and level of supervision; [ 27 ] ORDERS that the Director of Youth Protection be authorized to conduct unannounced visits to the parent’s home when the child is under their care; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling, and assistance to the child, the child’s family and foster family; [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out; [ 30 ] THE WHOLE until August 31, 2022.

Signed in Town A on June 6, 2022 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Gabrielle Francoeur For the child Mtre Geneviève Apollon For the applicant A Self-represented Mtre Ève Laoun For the father Dates of hearing: April 19, 2022 April 21, 2022