2021 QCCQ 9219, 2021 QCCQ 9219

Protection de la jeunesse — 215346 2021 QCCQ 9219 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

N° : 145-41-000603-198 DATE : August, 4 th , 2021 Oral judgment BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of: X Born on [...], 2013 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection, of the Centre intégré de santé et de services sociaux A, Applicant - and - B Mother - and - C Father JUDGMENT ON APPLICATION FOR REVISION AND EXTENSION OF ORDER 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 (DYP) asks the Court to revise and extend the Court order dated March 8 th , 2021 entrusting X to a foster family and asks that she gradually returns with her mother. [ 2 ] The mother and the child’s lawyer agree with the proceedings and the recommendations. The father is absent despite having been served with the application. According to the applicant who talked to him the day before court, he was feeling sick and did not know if he would show up.

FAMILY SITUATION [ 3 ] The parents have 3 children together: X who is 8 years old, Y who is 6 years old and Z who is 4 years old. [ 4 ] The mother has a son, A, born from a previous relation, who is 11 years old. A is currently in a foster family. [ 5 ] DYP has been involved in the child’s situation since February 2019 after the mother left for the United States and left her children with their paternal grandmother (for X and

Z) or with his paternal grandfather (for Y). The mother came back at the end of August 2019. Considering among other things the mother’s addiction to drugs, the legal problems both parents had and the father’s absence in his children’s life, the girls stayed entrusted to their paternal grandmother and the boy to his paternal grandfather.

After the latter suffered from a heart attack, Y was entrusted to his paternal grandmother with his sisters. [ 6 ] The mother made important changes in her life such as submitting herself to random drug screening test, participating in counselling sessions in order to work on her addiction problems among other things. [ 7 ] On March 8, 2021, Justice Celestina Almeida, CQ, ordered that the children be entrusted to a foster family and authorized that they benefit from a gradual return with their mother as of March 1 st , 2021 if the situation allowed it.

She also ordered that the contacts between the children and their father take place for 2 hours 2 times a week, if there is no other agreement and she authorized the DYP to supervise them.

ENDANGER [ 8 ] The father resides at his mother’s, since April 2021. [ 9 ] The mother resided in a house offered by “Jordan’s principle” for 2 months. The house being needed for tourists, she moved at the paternal grandmother’s house at the beginning of June 2021. Housing is a big issue for her: there is no place available on the Community. It could take 2 to 3 years before she gets a house there so she is looking to find an apartment outside of the Community. [ 10 ] The parent’s relationship is over.

Even if they live in the same house they do not see each other much, considering that the father works all day long. When he is home, he rests. [ 11 ] Both parents are on a Methadone program. They produce urine drug tests regularly which are only positive to methadone for the mother and to methadone and marijuana for the father. [ 12 ] The father has a follow up with [Social Worker 2], a psycho social worker as he wants to improve his well-being and maintain his sobriety. He missed 5 meetings out of 9 from November 2020 to April 2021.

He is not consistent with his appointments although he is full of good intentions. [ 13 ] The mother has a follow up with [Social Worker 3]. She is cooperative during the sessions and attended 16 sessions on a total of 25 possible from April 2020 to April 2021. She only missed one between October 2020 and April 2021. [ 14 ] X enjoys school. She cares for her siblings. [ 15 ] Y’s speech is improving, he is now able to finish complete sentences. He is attending [program A] and doing good. [ 16 ] Z has a close relationship with her siblings.

She is doing good at Daycare and seems to be positive wherever she goes. [ 17 ] The development and security of the child are still endangered according to Sections 38 b) 2 and 38 b) 1 iii of the Youth Protection Act but is not according to

Section 38

a) anymore. MEASURES [ 18 ] The paternal grandmother let the father alone with the children once. The social worker reminded her the rules and it has not happened since. The mother is always there when the father is with the children. [ 19 ] For the time being, the supervision of the contacts between the father and his children is made by the mother but when she will find her own place to stay, it might not be possible. A supervision by a third party may then be necessary. [ 20 ] The mother takes care of her children on a daily basis and she is able to do so.

Nevertheless, she has to resolve her housing issues before the children can be entrusted to her. [ 21 ] The paternal grandmother provides a stable and structured home environment for the children. [ 22 ] The measures sought for are in the child’s best interest.

FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the application for revision and extension; [ 24 ] DECLARES that the security and development of X are still considered to be in danger; [ 25 ] ENTRUSTS the child to a foster family namely D; [ 26 ] ORDERS the progressive integration of the child with her mother on December 28 th , 2021, if the situation allows it and if she has her own place to stay; [ 27 ] ORDERS that the contacts between the child and her father be determined according to an agreement between the parties and that they be supervised by the Director of Youth Protection or by a person authorized by her as long as deemed necessary; [ 28 ] ORDERS that the contacts between the child and her maternal grandmother, E, be determined according to an agreement between the parties and that they be supervised, as long as deemed necessary by the Director of Youth Protection; [ 29 ] ORDERS that the contacts between the child and her paternal grandfather, F, be determined according to an agreement between the parties and that they be supervised, as long as deemed necessary by the Director of Youth Protection; [ 30 ] RECOMMENDS to the parents to involve themselves in drug and alcohol counselling; [ 31 ] ORDERS to the parents to be sober and not to consume in the presence of the child; [ 32 ] RECOMMENDS to the parents to engage in psychological counselling in connection with their personal difficulties, including substance addiction follow-up; [ 33 ] ORDERS that the parents report periodically to the Director on the measures they apply to put an end to the situation in which the security or development of the child is in danger;

[ 34 ] ORDERS that the parents actively participate in the application of the present measures; [ 35 ] ORDERS that a person working for DYP provides aid, counsel and assistance to the child and her family; [ 36 ] ENTRUSTS the situation of X to the Director of Youth Protection for the carrying out of the present measures, until February, 28 th , 2022. Signed on August, 25 th , 2021 ANDRÉE ST-PIERRE, J.C.Q. Me Mylène Pelletier-Rivet contentieux cisss A Lawyer for the Director of Youth Protection Me Ariane Cayer cavanagh & lacroix, avocats Lawyer for the child Me Isabelle Gagnon gagnon claveau, avocats Lawyer for the mother Hearing dates: August, 4 th , 2021