2019 QCCQ 14895, 2019 QCCQ 14895

Protection de la jeunesse — 1911168 2019 QCCQ 14895 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002234-182 DATE: December 19, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] and [SOCIAL WORKER 2], Youth Protection Workers, duly authorized by the Director of Youth Protection A, working in [...] Applicants and X, born on [...], 2016 Child and A, [...] Mother ______________________________________________________________________ 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 ] The Director of Youth Protection (the Director) submits to the Court an application for an extension of a decision rendered on January 29, 2019, entrusting the child to a foster family until November 30, 2019, and ordering several assistance measures including a follow-up by Social Services until the same date. [ 2 ] The Director alleged a long series of facts.

This judgment will refer to those facts. [ 3 ] The Director recommends the Court to entrust the child to the foster family of Mrs.

B: the child is under her care since September 13, 2019, and to order several assistance measures including a follow-up with Social Services until May 22, 2020. [ 4 ] The Director added a recommendation at the hearing asking the Court to withdraw certain attributes of parental authority and to grant those attributes to the Director. [ 5 ] The evidence reveals the following facts. [ 6 ] The mother still struggles with alcohol consumption and displays alcohol-related problems. [ 7 ] The mother did not seek help with Social Services regarding her alcohol-related issues. [ 8 ] The mother was diagnosed with lung cancer and frequently travels to [Town A] for medical appointments. [ 9 ] The mother’s prognostic regarding her cancer is unknown by the Director. [ 10 ] The contacts between the mother and the child are irregular. [ 11 ] Since the last Court hearing, the child was placed in several foster families. [ 12 ] The collaboration of the mother with the Director is irregular and minimal.

ANALYSIS [ 13 ] The mother still displays alcohol consumption problems and personal issues. [ 14 ] On September 13, 2019, the child was entrusted to the foster family of Mrs. B.

[ 15 ] The child has had many changes in foster homes and has finally settled into loving, save environment capable of meeting his needs and supporting him as he grows. [ 16 ] The evidence does not reveal that the mother can ensure that she will be able to provide the care, supervision and stability necessary for her son who is vulnerable due to his age. [ 17 ] The child has only been placed in this current foster family for 3 months. It is a stable, but fairly new placement.

It is too early to conclude that this is a life plan. [ 18 ] Therefore, given the age of the child, his needs, the personal issues of the mother, the Court concludes that all the facts alleged in the application have been proven and that the recommendations made by the Director are in the best interest of the child. THEREFORE THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the child, X, are still endangered; [ 21 ] ENTRUSTS the child, X, to a foster family; [ 22 ] TAKES JUDICIAL NOTICE that the Director will keep the child at Mrs.

B foster home; [ 23 ] ENCOURAGES contacts between the child and his sibling; [ 24 ] WITHDRAWS the attribute of parental authority from the mother concerning the daycare, and only to give the authorization to be in the daycare, for the time being and GRANTS this authority to the Director; [ 25 ] ORDERS that the mother report periodically to the Director on the measures she applies in her own regard or her child’s regard to put an end to the situation of endangerment; [ 26 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 27 ] ORDERS that the mother report in person, at regular intervals, to the Director to inform him of the current situation; [ 28 ] ORDERS that the mother remain sober in the presence of the child; [ 29 ] ORDERS that the mother remain without any violent behaviour in the presence of the child; [ 30 ] ORDERS that the mother seek help through Social Services concerning her alcohol and personal issues; [ 31 ] ORDERS that the contacts between the child and the mother be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 32 ] ORDERS that aid, counselling and assistance be provided to the child and his family; [ 33 ] ENTRUSTS the situation of X to the Director. [ 34 ] THE WHOLE, until May 22, 2020.

Signed in________, on January ____ 2020 __________________________________ Lucie Godin, J.C.Q. Mtre. Karianne Asselin Cain Lamarre Attorney for the applicants Mtre. Laurence Migué Legal aid centre A Applicant for the child Date of hearing: 2019, December 19