2020 QCCQ 9463, 2020 QCCQ 9463

Protection de la jeunesse — 201850 2020 QCCQ 9463 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000410-185 DATE: February 11, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2016 CHILD and A MOTHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 ] The Director of Youth Protection submits a motion asking the Court to review and extend a judgment rendered on August 28, 2019, ordering the placement of the child in a foster family for a period of 6 months. [ 2 ] At the hearing, the mother is not present, but mandated Mtre. Michel Grenier to act on her behalf. Mtre. Yan Massé represents the child and Mtre. Magdalena Lempicka, the applicant. [ 3 ] At the age of 3 or 4 months, the child was placed under the custody of Mrs. B.

The child has lived there until April 2019, when he was entrusted to another foster family. Last November, the Director of Youth Protection decided to reintegrate the child in his former foster family, the one of Mrs. B. [ 4 ] This was possible because the foster family received help as they were going through a grieving process. Mrs. B testified and, obviously, she has a strong bond with the child. She is still willing to receive help in order to go through the grieving process in order to keep the custody of X. [ 5 ] The Social Worker is of the opinion that Mrs. B can carry out a life plan for the child.

She has a good collaboration from the foster home. She saw the child interacting with Mrs. B and with the other foster family. For her, it was clear that the child interacted better with the B foster family. [ 6 ] As for the mother, she is still facing serious issues that prevent her from taking care of X. Her situation hasn’t changed. She gave birth to another child last October and the child had to be placed in a foster home due to the fact that the mother was under the influence of cocaine during labour.

The newborn had withdrawal symptoms. [ 7 ] The mother has not taken any steps in order to resolve her drug and alcohol consumption issues. [ 8 ] The foster mother and X’s mother know each other and get along well. The foster mother is able to deny access to the child if the mother is not in a proper state. [ 9 ] Given the age of the child, given the fact that he has lived most of his short life with Mrs. B, given the steps taken by Mrs. B to resolve the problems that were present in April 2019, the life plan presented by the Director of Youth Protection is in the best interest of the child.

The Director of Youth Protection must offer efficient help to the foster family to ensure that the child won’t be moved again.

FOR THESE MOTIVES, THE COURT: [ 10 ] GRANTS the application; [ 11 ] MAINTAINS that the security or development of the child X, born on [...], 2016, are still endangered; [ 12 ] ORDERS that the child be entrusted to the foster family of Mrs.

B until he reaches the age of majority; [ 13 ] ORDERS that aid, counselling and assistance be provided to the child, his mother and his foster family for the same period; [ 14 ] ORDERS that access rights between the child and the mother be supervised by the Director of Youth Protection as for the frequency, modalities and degree of supervision; [ 15 ] STRONGLY RECOMMENDS that the mother seek help to address her personal issues related to substance abuse; [ 16 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family; [ 17 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother and DELEGATES this exercise to the Director of Youth Protection for the purpose of signing consents for medical, educational, social and travelling purposes, including obtaining a passport; [ 18 ] ORDERS any peace officer, to collaborate to the execution of the measures ordered if requested to do so by the Director of Youth Protection or one of its representatives; [ 19 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall see that the measures are carried out.

Signed in Town A on March 31, 2020. ________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Magdalena Lempicka Ferreira, Lempicka, Attorneys – Town B Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A – Town C Attorney for the child Mtre. Michel Grenier Michel Grenier, Avocat – Town D Attorney for the mother Date of hearing: February 10, 2020