2014 QCCQ 18469, 2014 QCCQ 18469

Protection de la jeunesse — 146538 2014 QCCQ 18469 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] "Youth Division" No: 145-41-000445-145 DATE: October 1, 2014 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Petitioner and X , born on […], 2007 Child and A Mother and B Father JUDGMENT JP2122 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 asks the Court to extend the order rendered on April 2, 2014, in respect of the child. [ 2 ] Neither parent is present at the hearing. The father is still incarcerated in a federal facility. The mother told the petitioner she would not show up but is in agreement with the suggested measures.

[ 3 ] Counsel for the child also expresses his consent. [ 4 ] The evidence reveals that the mother did not put herself in action in order to take the child back. [ 5 ] Following the last hearing, the mother shows some cooperation, for a couple of weeks. She has contacts with the youth delegate and wants to involve herself in counselling. [ 6 ] Unfortunately, it does not last. From May until August, the youth delegate is not able to get in touch with the mother. The mother has no stable residence and goes from place to place, therefore being hard to reach. She finally meets with the youth delegate on August 11.

They have other meetings afterwards. [ 7 ] On September 5, the mother gives birth to another girl. The newborn is entrusted to her maternal grandfather, under voluntary measures. [ 8 ] During the last months, the mother participates to a Traditional Parenting Program that she completes. However, she refuses to submit herself to drug testing. She does not attend addiction counselling sessions either. Due to the mother's lack of participation, the external educator closed her file.

Furthermore, the mother refuses that the youth delegate and other professionals share information about her, making it more difficult to provide efficient help. [ 9 ] Contacts between the mother and the child take place at the foster family's residence. The youth delegate is not aware of their frequency and length, because neither the mother nor the aunt informs her. That has to change in the future. Contacts are to take place upon agreement between the parties, including the youth delegate. [ 10 ] Despite her difficult background, the child adapts fairly well to her foster family.

In school, she struggles with math and reading and is currently repeating grade 1. [ 11 ] The foster family is committed to take care of the child, despite the fact that she has several children of her own. [ 12 ] Given the seriousness of the parents' problems, it is important that a long term life project be clarified for the child, before reaching the delay of placement provided by

section 91.1 of the Youth protection act . [ 13 ] Under the circumstances, the petition is well founded. The suggested measures appear to be in the best interest of this young and vulnerable child. WHEREFORE, THE COURT: [ 14 ] GRANTS the petition for extension of order; [ 15 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 16 ] EXTENDS the Court order rendered on April 2, 2014; [ 17 ] ORDERS that X be entrusted to a foster family designated by the director of youth protection until October 31, 2015; [ 18 ] ORDERS that contacts between X and her parents take place upon agreement between the parties; [ 19 ] RECOMMENDS that the mother actively participate in follow-up with an addiction counsellor as long as deemed necessary; [ 20 ] RECOMMENDS that the parents actively participate in psychological counselling to help deal with their personal issues; [ 21 ] ORDERS that X benefit from all social and health services that she may need including a psychological assessment and follow-up, if deemed necessary by the psychologist; [ 22 ] RECOMMENDS that a long term life project be determined for X during the next year; [ 23 ] ORDERS that the mother actively participate in the application of the measures intended to put an end to the situation of endangerment, notably that: ➢ the mother reports in person on a regular basis to the youth protection delegate to discuss about her personal situation;

➢ the mother respects the appointments set with the youth protection delegate; [ 24 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to X and her family until October 31, 2015; [ 25 ] ENTRUSTS the situation of X to the director of youth protection of the Centre A for the carrying out of the present judgment. JANICK POIRIER, J.C.Q. ME LOUYSE A. LEMIEUX for the petitioner ME HUGO CAISSY for the child MRS. A the mother (absent) MR. B the father (absent)