2017 QCCQ 20548, 2017 QCCQ 20548

Protection de la jeunesse — 1710485 2017 QCCQ 20548 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-031749-161 DATE : December 5, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2004 child and A B (deceaded) 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 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 December 5, 2017. [ 2 ] The Director of Youth Protection (the Director) alleges that a revision and an extension of the order rendered on March 1, 2017 is necessary. [ 3 ] On August 1, 2017, the Tribunal ordered that the child’s foster care placement be maintained on a provisional basis. [ 4 ] Today, the Director recommends that the child remain entrusted to a foster family with a reintegration to the mother’s care after a period of nine months.

The Director also recommends that support measures be ordered for a period of one year. [ 5 ] The mother is in agreement with the proposed plan, but would like the child’s placement to cease at the end of the school year. [ 6 ] The child’s attorney suggests that the placement continue until August 30, 2018. This would, if possible, permit a reintegration of the child to the mother’s care during the summer period. Question in litigation [ 7 ] What should be the duration of the child’s entrustment to a foster family?

Context and Analysis [ 8 ] The mother participated in a drug and alcohol rehabilitation program at the Onen’To:Ken treatment Centre in Oka. She left the program one day prior to her graduation. [ 9 ] The mother presented with angry thoughts. She was seen and discharged at the hospital. [ 10 ] The mother relapsed and consumed alcohol.

[ 11 ] The mother went to Town A to work. She has now returned to Town B on a full time basis. [ 12 ] The mother maintained sporadic contacts with the child. She has gone through long periods of time without seeing the child. Since her return from Town A, she sees the child regularly and the contacts are positive. [ 13 ] She plans to attend a 6 weeks program in Kuujjuaq in January 2018 and then return living in Town A. [ 14 ] The mother has not stabilized her personal situation. She is not in a position to assume the child’s responsibility at this point. [ 15 ] The child is thriving in the foster family of Ms.

C. [ 16 ] FOR X [ 17 ] He spends a lot of time playing games on the computer. He is repeating grade 7 and is attending École A in French immersion. He began attending drama therapy and [...] classes at the [Center A]. [ 18 ] The summer period appears more appropriate in order to facilitate the child’s reintegration process between the foster family in Town B and the mother’s milieu in Town A. If the situation warrants it, the Director will have discretion, under

section 62 of the Youth Protection Act , to authorize such process. THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for extension; [ 20 ] DECLARES that the security or the development of the child is still in danger; [ 21 ] EXTENDS and REVISES the order rendered on March 1, 2017; [ 22 ] ORDERS that the child remain entrusted to a foster family until August 30, 2018; [ 23 ] TAKES ACT that the foster family will be the home of Ms.

C; [ 24 ] STRONGLY RECOMMENDS that the mother attend a treatment program to address her alcohol abuse; [ 25 ] TAKES ACT of mother’s commitment to attend the treatment centre in Kuujjuaq; [ 26 ] ORDERS that the mother not consume alcohol nor expose the child to others who are intoxicated while the child is in her care; [ 27 ] ORDERS that the frequency and modalities of contacts between the child and the mother be determined by the Director of Youth Protection; [ 28 ] ORDERS that the child’s medical and therapeutic needs be met in a timely manner and that the mother attend all appointments; [ 29 ] AUTHORIZES the Director of Youth Protection to share information with treating professionals for the family; [ 30 ] ORDERS that the mother communicate her whereabouts to the Director of Youth Protection in a timely manner; [ 31 ] RECOMMENDS that the child continue to engage in age and culturally appropriate therapy to address past traumas; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and their family; [ 33 ] THE WHOLE for a period of one year. [ 34 ] 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.

Signed on December 6, 2017 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Maria Choquette-Stuart Counsel for the child Mtre Lilian Stah Counsel for the mother Date of hearing: December 5, 2017