2022 QCCQ 12426, 2022 QCCQ 12426

Protection de la jeunesse — 227379 2022 QCCQ 12426 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000566-200 DATE: November 23, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2013 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 November 23, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on May 27, 2022. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered for a period of six months. [ 4 ] The mother and the child’s attorney agreed with the Director’s plan. [ 5 ] The father appeared while detained in Town A.

He agreed with the Director’s recommendations. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 7 ] The child was first placed outside of the family in January 2020. Consequently, at the last hearing, the Tribunal had asked the Director to prepare a concurrent plan if the child’s reintegration would not be possible. [ 8 ] The child has continued to thrive in her foster family. [ 9 ] Regular visits were organized between the child and the mother.

Contacts were organized with the father when he was in the community. [ 10 ] The mother reported having remained sober since February 2022. Since October 17, 2022, she attended the [organism A] with her newborn baby born on [...], 2022. She has since left the program and is seeking to take

part in another program. She applied to three different centres. [ 11 ] The father has been incarcerated since mid-April. During the summer he was released however he was ordered to attend a treatment facility. On October 25, 2022, he was returned to prison for not having returned to his treatment centre in Town B. His trial has been set for February 17, 2023.

[ 12 ] Neither parent can care for the child. Despite this situation, the Director is still not ready to prepare a long-term plan for the child.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for revision; [ 14 ] DECLARES that the security or the development of the child is still endangered; [ 15 ] REVISES the order rendered on May 27, 2022; [ 16 ] ORDERS that the child remain in a foster family; [ 17 ] ORDERS that the frequency and modality of contacts between the child and her parents be determined by the Director of Youth Protection with supervision if deemed; [ 18 ] ORDERS that the parents remain abstinent of alcohol and drugs during visits with the child; [ 19 ] RECOMMENDS that the parents attend and complete a treatment program for drug and alcohol and follow the recommendations made for aftercare; [ 20 ] AUTHORIZES the Director of Youth Protection to obtain and share information with service providers working with the family as to progress and attendance; [ 21 ] ORDERS that the parents collaborate with the Director of Youth Protection , meet with the worker upon request and inform the worker if any changes in their situations and coordinates; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 23 ] THE WHOLE for a period of six months; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on January 6, 2023 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Marie-Josée Ayoub Counsel for the child Mtre Yan Massé Counsel for the mother Mtre Justine Bergeron Counsel for the father Date of hearing: November 23, 2022