2019 QCCQ 12413, 2019 QCCQ 12413

Protection de la jeunesse — 191899 2019 QCCQ 12413 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000410-185 DATE : February 12, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2016 child and A mother ______________________________________________________________________ JUDGMENT

Section 38 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 February 12, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is compromised due to the mother failing to provide appropriate supervision and to a situation or serious risk of neglect. [ 3 ] On December 20, 2018, the Tribunal ordered the provisional compulsory foster care of the child in a foster family. [ 4 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered until the child’s age of majority. [ 5 ] The mother and the child’s attorney are in agreement with the Director’s plan. [ 6 ] The mother understands that she is not able to care for the child at this point as she’s still struggling with alcohol abuse.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 8 ] The mother has a longstanding history of alcohol abuse.

Before the Director’s intervention, she was leaving the child with a babysitter for many days to go out drinking in the community. [ 9 ] Since February 2017, the family has been followed by the Director under a provisional agreement and two sets of Voluntary Measures. [ 10 ] In February 2017, the child was placed in a foster family. [ 11 ] In February 2017, the mother entered the mother/infant program at Portage in City A. Following her intake period, the child

was reunited with her. [ 12 ] In July 2017, the mother left the program and relapsed. The child was placed again in the foster family that received him in February 2017. He adapted well. He attends daycare services during the day. [ 13 ] In February 2018, the mother participated in another rehabilitation treatment program in City B. She remained sober for three months but relapsed during the following summer. [ 14 ] The mother is still drinking on a regular basis. She is not always constant in her visits with the child.

Her situation is not stable enough to consider the child’s return to her care. [ 15 ] On June 24, 2018, the mother returned home covered in blood, as she had received eight lacerations to her body. [ 16 ] On September 19, 2018, the mother informed the youth protection worker that she had been incarcerated. She would not provide further information regarding this situation. [ 17 ] Although the mother completed a treatment program in February 2018, despite the resources put at her disposition, she has not really taken any concrete steps since to correct and stabilize her situation.

She is unable to care for a young child. [ 18 ] Maximum duration of placement has been reached in August 2018. Consequently, the Director presents an alternative long term plan. [ 19 ] Ms. C and Mr. D have cared for the child since February 2017. During her testimony, the foster mother stated that she considers the child like one of her own. The child is attached to his foster family and they are committed to care for him on a long term basis. THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for protection; [ 21 ] DECLARES that the security or the development of the child is endangered (

section 38 b) 1 o iii and 38 b) 2 o of the Youth Protection Act ); [ 22 ] ORDERS that the child be entrusted to the foster home until his age of majority; [ 23 ] ORDERS that the child remain in the foster family of Ms. C and Mr.

D; [ 24 ] ORDERS that the contacts between the child and his mother be determined by the Director of Youth Protection; [ 25 ] ORDERS that the mother be sober during the said contacts; [ 26 ] RECOMMENDS that the mother take the necessary steps to attend a treatment program and to complete this program to resolve her issues of alcohol consumption; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 28 ] THE WHOLE until the child’s age of majority; [ 29 ] 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 February 25, 2019 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Michel Grenier Counsel for the mother Date of hearing: February 12, 2019