2019 QCCQ 19983, 2019 QCCQ 19983

Protection de la jeunesse — 198128 2019 QCCQ 19983 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000343-100 DATE: September 27, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2006 child and A mother ______________________________________________________________________ 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 September 27, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Marc Ouimette on March 19, 2019. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered until September 30, 2020. [ 4 ] The Director has been dispensed from notifying the mother as she is of unknown address and is not involved with the child. [ 5 ] The child’s attorney is in agreement with the Director’s plan.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The child is thriving in her foster family. On March 5, 2019, she was transferred to the foster family of Ms. B. She adapted well to this new environment. In August 2019, the child mentioned to the Youth Protection worker that she would like to remain in her current foster family. [ 8 ] At this point, it is possible that the foster mother will register to attend school in Town A in January.

She will know more about her situation in October. [ 9 ] The child has been doing well in school and is applying herself. In April she started participating in a beading group. [ 10 ] There have been no contact between the child and her mother.

[ 11 ] The mother’s situation remained essentially the same. She has not stabilize her residential situation. According to some information, she would still be in the South. [ 12 ] The mother has not collaborated with the Director and has never called the Youth Protection worker. [ 13 ] The maximum duration of placement has been reached a long time ago. At this point, it is impossible to ensure that the child will find stability in her current foster family. It is in the child’s best interest to render a shorter order.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for extension; [ 15 ] DECLARES that the security or the development of the child is still endangered; [ 16 ] EXTENDS the order rendered on March 19, 2019; [ 17 ] ORDERS that the child be entrusted to a foster family; [ 18 ] TAKES JUDICIAL NOTICE that the Director has chosen the foster family of Ms. B; [ 19 ] ORDERS that the mother take an active

part in the application of the measures ordered; [ 20 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 21 ] ORDERS , if contacts occur between the child and the mother, that they be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 22 ] ORDERS that the mother remain sober during those contacts; [ 23 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother and GRANTS them to the Director of Youth Protection to sign all consents for medical, school, travelling, passport and extracurricular activities; [ 24 ] RECOMMENDS that contacts between the child and her siblings be encouraged; [ 25 ] ORDERS that the child receive specific health care, specifically that an educator follow-up in school be put in place as soon as possible; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 27 ] THE WHOLE until September 30, 2020; [ 28 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mrs. Laurence Migué Counsel for the child Date of hearing: September 27, 2019