2018 QCCQ 17338, 2018 QCCQ 17338

Protection de la jeunesse — 188403 2018 QCCQ 17338 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31818-164 Date: August 16, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2012 Rhonda GEFFIN , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother The parent JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of August 16, 2018, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on October 4, 2017, whereby the now six year-old child, X , was entrusted to his maternal aunt, Ms.

B, with aid, counsel and assistance, for a period of nine months. [ 3 ] The Court was also presented with similar applications regarding the child’s siblings whose situations are addressed in separate judgments. [ 4 ] The facts alleged in support of the application for extension dated May 24, 2018, are as follows: 3.1. the child and siblings remain in the foster family of B, and are flourishing in her care; 3.2. the putative father C maintained regular positive contact with the children on a weekly basis; 3.3. the mother continued to live an unstable lifestyle, including ongoing substance abuse, mental health problems, financial difficulties and criminal justice issues; 3.4. up to around March 2018, the mother did not significantly participate in the intervention; 3.5. from January to around March 2018, the mother attempted to engage in substance abuse treatment on several occasions but was unable to follow through due to ongoing mental health issues; 3.6. since April 9, 2018, the mother has been participating in substance abuse treatment at [Center A], but remains fragile and vulnerable; 3.7. the mother’s situation did not allow for any visitation with the children up to April 2018, at which point one supervised visit occurred and went well; 3.8. the mother is not in a position to resume the care of the children and will not be in a position to do so in the short or medium term;

3.9. the child’s situation requires a stable permanent plan; 3.10. B is able and willing to assume the foster care of the children on a long-term basis (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to the foster family of his maternal aunt, Ms. B, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on [...], 2030. [ 6 ] The mother failed to appear for the hearing without any explanation and the Court proceeded in her absence.

According to the worker’s testimony, her current address is unknown and she appears to lead a transient lifestyle since she left the in-patient treatment program at [Center A] in May.

She was aware of the Director of Youth Protection’s recommendations and expressed sadness although she acknowledged that her children are well cared for by her sister. [ 7 ] The child’s father is not declared on his birth certificate. [ 8 ] Me Ayoub, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibit D-9 as evidence: D-9: Court Report, prepared by [Social Worker 1], dated May 21, 2018. [ 10 ] In

summary, the mother continues to struggle with substance abuse and mental health issues, including severe anxiety and depression.

Despite her efforts to seek treatment, she is still unable to provide her children with the care and stability that they need. [ 11 ] She was, however, able to consistently meet with the worker so that a supervised visit with her children could be organized on April 5, 2018 after a prolonged absence, there having been no contact between the mother and her children since July 2017. [ 12 ] The visit was positive and “X and [his brother] played games and would take turns seeking their mother’s attention”. [2] [ 13 ] The child has reportedly: […] adjusted very well to school […] Ms.

B describes X as an “easy going” and “polite” child who gets along with everyone he meets. Neither X’s teachers nor Ms.

B have reported any academic or behavioural issues. [3] [ 14 ] His aunt remains committed to continue to care for him on a long-term basis and has demonstrated her ability to provide a stable, loving environment in which the child and his siblings can thrive and benefit from the stability and continuity of care they need on a permanent basis. [ 15 ] Under the circumstances, given the evidence, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 18 ] ORDERS that the child remain entrusted to the foster home of his maternal aunt, Ms. B; [ 19 ] ORDERS that the child’s school and Ms. B’s home address all remain confidential to the mother for as long as deemed necessary by the Director of Youth Protection and Ms.

B; [ 20 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by the Director of Youth Protection; [ 21 ] ORDERS that the mother be sober in the presence of her child; [ 22 ] WITHDRAWS from the mother the exercise of certain attributes of parental authority in regards to schooling, extra-curricular activities, health care, authorizations to travel and to obtain a passport and AUTHORIZES Ms.

B to exercise parental authority in regards to schooling, extra-curricular activities, health care, authorizations to travel and to obtain a passport for the child; [ 23 ] STRONGLY RECOMMENDS that the mother continue to seek treatment for her mental health and substance abuse; [ 24 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family; [ 25 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 26 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary;

[ 27 ] THE WHOLE until he reaches the age of majority, on [...], 2030. Signed on September 14, 2018 TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Marie-Josée Ayoub Attorney for the child TD/vl