2018 QCCQ 13891, 2018 QCCQ 13891

Protection de la jeunesse — 184274 2018 QCCQ 13891 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-033200-171 DATE : April 9, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2017 child and A mother ______________________________________________________________________ JUDGMENT

Section 91 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 11.2, 11.2.1 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 April 9, 2018. [ 2 ] On December 12, 2017, the Tribunal declared that the child’s security or development was compromised due to a situation of neglect. [ 3 ] Before making a final decision, the Tribunal wanted to ensure that the child’s medical situation was stabilized. The mother’s cousin, Ms.

B, also had to complete an assessment to become a proximity foster family for the child. [ 4 ] Today, the Director recommends that the child remain entrusted to a foster family and that support services be ordered for a period of six months. [ 5 ] The mother is absent and was duly notified. She decided to go in a community up North. She mentioned to the youth protection worker that she wanted to have the baby back to her care and that she was agreeing for the child to remain in placement while she was going for treatment. [ 6 ] The child’s lawyer is in agreement with the proposed plan.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 8 ] Following the child’s four month medical examination, it was determined that the child was HIV negative. Further tests will need to be done at 12 and 18 months of age. [ 9 ] The youth protection worker was unable to meet with the mother. Her living situation remains unstable. She is still involved with A community organization. Recently, she travelled to a community up North. She did not attend the meeting with the youth protection worker planned for March 26, 2018.

She did not make herself available for the personalized review meeting.

[ 10 ] Ms. B and her partner did not meet the preliminary criteria to become a proximity foster family (criminal background and youth protection involvement). [ 11 ] Considering the mother’s volatile situation and the negative results of Ms. B’s assessment, it will be important for the Director to prepare an alternative permanent plan for the child. [ 12 ] The Director intends to verify if that permanent plan could be established in the northern communities.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] ORDERS that the child remain in a foster family; [ 14 ] ORDERS that the contacts between the child and her mother be suspended until she is able to meet with the worker three consecutive times and subsequently, ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director of Youth Protection; [ 15 ] WITHDRAWS from the mother the exercise of her attributes of parental authority pertaining to the signing of all necessary documents relating to the child’s health and travel needs and all the steps to facilitate the registration of the child’s birth to the Director of Civil steps and GRANTS that authority to the Director of Youth Protection; [ 16 ] RECOMMENDS that the mother seek help through social services to address her personal issues; [ 17 ] ORDERS that the mother collaborate with the Director of Youth Protection in order to receive the child’s birth certificate; [ 18 ] AUTHORIZES the Department of Youth Protection to exchange and obtain information from all service providers; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 20 ] THE WHOLE for a period of six months; [ 21 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on April 16, 2018 /cd Mtre Marie-Josée Paiement Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the child Date of hearing: April 9, 2018