2023 QCCQ 11019, 2023 QCCQ 11019

Protection de la jeunesse — 235701 2023 QCCQ 11019 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000604-196 DATE: September 27, 2023 ______________________________________________________________________ BY MADAM JUSTICE ANDRÉE ST-PIERRE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , in her quality of authorized person by the Director of youth Protection, working for Social Services A; Applicant and X Child and C and D Parents/Respondents ______________________________________________________________________ JUDGMENT ON APPLICATION FOR REVISION AND EXTENSION OF ORDER ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of youth Protection (DYP) asks the Court to revise and extend the order rendered on March 30, 2023, and to order that X, who is six years old, be entrusted to the foster family of Ms. E until her majority. [ 2 ] The child’s lawyer admits the facts stated in the application and agrees with the recommendations sought by the DYP. Both parents were duly served with the application but none of them is present nor represented.

CONTEXT [ 3 ] The parents have three children together, Y who is 10 years old, Z who is eight years old and X. The mother has a son from a previous relation, A, who is 13 years old, and she also has a younger daughter, B, born from a later relation, who is one year old. [ 4 ] DYP has been involved with the family since 2019, since there is a risk of neglect. Both parents have drug issues. The mother left for the United States in February 2019 and left Y and X with their paternal grandmother and Z with his paternal grandfather. All the children were entrusted to a foster family on September 20, 2021.

ANALYSIS [ 5 ] During the spring of 2023, the mother went to the Mother and Child treatment program at [Centre A] concerning her addiction issues with her younger child. After the end of the therapy, she lived in [Centre A]’s supervised apartment, but she left the center without letting anyone know her whereabouts and moved back to the Community. Her young baby was entrusted to her father after a search warrant was prepared to find her. [ 6 ] The mother remains sober for a short time basis and falls back into the circle of using drugs after. [ 7 ] The parents do not involve themselves in the follow-up by DYP.

They don’t request any contact with their children, nor do they ask any news about them. Both parents live close to the social services center, but they never contact the social worker. Although they were advised of the revision they did not show up. [ 8 ] Since there is no follow-up, the mother has not participated in any random drug test since March 24, 2023. She then tested positive for cocaine.

[ 9 ] Y excels in all subjects in school and attends an afterschool program. She enjoys different sports and cultural activities. [ 10 ] X is in grade one. She participates in all kinds of activities such as traditional dance and softball. She enjoys drawing and painting. Her foster family wants her to see a professional consultant so she could work on her emotions; up until now, she broke a few pair of glasses while on an outburst. [ 11 ] Z is in grade 2. He is seen by a speech pathologist. He is more focused than he used to be, and he is able to complete an activity.

He plays soccer and benefits of all kinds of activities. [ 12 ] The security and the development of the child are still considered to be in danger according to

section 38

c) of the Youth protection act . MESURES [ 13 ] The children have been in Ms. E family for two years. They are all together including A who was not with them in the past, since he was raised by his maternal grandmother. Everyone of the children adapted well in the foster family. They all have a strong bond between them, with the foster parent, with her children and with the other children living there. [ 14 ] The children lived in different homes, and they now have the chance to live in a stable home environment. [ 15 ] Ms.

E is willing to keep all the children until their majority and to collaborate with all the professionals involved with the children. The foster family lives in the community and participates with the children to activities such as the pow-wow and other cultural events. The children take dancing classes, they learn their language at school. [ 16 ] Ms. E travels to Florida regularly and takes the children with her, except for A who does not have a citizen card.

She manages for A to travel somewhere else and that he also participates in interesting activities. [ 17 ] Even if they live in the community, the children do not run into their parents often but when it happens Ms. E allows them to talk to each other, to have a hug. [ 18 ] The measures sought for by the DYP are in the child’s best interest, all of the children receive the care they need from the foster family.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for revision and extension of order; [ 20 ] DECLARES that the security and development of X are still considered to be in danger; [ 21 ] ORDERS that the child be entrusted to the foster family of Ms.

E; [ 22 ] ORDERS that the contacts between the child and her parents be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 23 ] If no agreement can be reached, ORDERS that the child has one visit every three months, for two hours with her parents, in respect of the child’s desire and on the condition that the parents call a week ahead to plan and organize the visit; [ 24 ] WITHDRAWS the attributes of parental authority attributes from the parents concerning social, medical and school authorizations, as well as the authorizations pertaining to travel, for a passport request and for a driver’s licence application and AUTHORIZES the foster family, Ms.

E to exercise those parental authority attributes; [ 25 ] RECOMMENDS to the parents to submit themselves to random drug testing; [ 26 ] RECOMMENDS to the parents to involve themselves in addiction counselling as long as deemed necessary by the professionals involved; [ 27 ] ORDERS that the parents report at regular intervals to the DYP to inform of their current situation; [ 28 ] ORDERS that the parents participate in the application of these measures; [ 29 ] ORDERS to the DYP to name someone to provide aid, counsel and assistance to the child and her family; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present measure until [...], 2034 (date of the child’s majority).

Signed on October 16, 2023 ________________________________ ANDRÉE ST-PIERRE, J.C.Q. Me Mylène Pelletier-Rivet Contentieux CISSS A Attorney for the Applicant Me Ariane Carrier Attorney for the child C Absent/ not represented D Absent/ not represented Date of hearing: September 27, 2023