2021 QCCQ 12975, 2021 QCCQ 12975

Protection de la jeunesse — 217201 2021 QCCQ 12975 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 640-41-001407-110 DATE: September 28, 2021 ______________________________________________________________________ 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 [...], 2007 Teenager And A Mother And B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act, ch.

P-34.1 CQLR ) ______________________________________________________________________ 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 an application asking the Court to review and extend a previous judgments rendered on September 10, 2020, by the honourable Denyse Leduc, J.C.Q., ordering the placement of X in a foster home for a period of one year. [ 2 ] At the hearing, the youth is present and assisted by Mtre. Yan Massé. The mother, also present, is assisted by Mtre. Marie- Michelle Grenier. Mtre.

Magdalena Lempicka acts on behalf of the applicant. [ 3 ] The Director of Youth Protection asks for a dispense to serve the application to the father due to the fact that he is absent from the life of the youth, that the teenager does not know him and that he doesn’t collaborate with the Director. All parties agree to this dispense.

The court GRANTS this motion and dispenses the Director of Youth Protection to serve the father with the application regarding X. [ 4 ] Both the mother and the teenager agree with the recommendations made by the Director of Youth Protection and admit almost all of the allegation. [ 5 ] The youth has remained in the same foster home, but unfortunately this one has decided to ask for his transfer. Surprisingly, this information was not disclosed to the teenager and he was only informed by his lawyer a few minutes before the hearing. [ 6 ] The Court cannot condone such practice.

The youth has the right to be informed in advance and to be prepared for an eventual transfer. His opinion has to be taken into account. These are principles of the law. [ 7 ] Except for a few months in 2018 and 2019, the youth has been placed in foster families since 2011. Very sadly, the former foster family who was supposed to carry out the life plan kept secret serious facts disclosed by X. X had to be transferred and from then on, there was no stability in his life. [ 8 ] The Director is looking for a foster family in [Community A], but is not sure to find one.

They are considering finding a foster family in another community which would mean for the teenager to leave his friends, to leave his school and to leave his community. On top of that, the applicant added that they might be contemplating a foster family in [community B], where the mother comes from. It would add to the difficulties that this is a French community and X does not speak French. [ 9 ] The teenager is not an object. He has needs, special ones that must be answered properly.

[ 10 ] As for the mother, she still struggles with alcohol addiction. She remains in the same toxic relationship with her boyfriend and has not taken any steps to solve her issues. [ 11 ] For a period of 6 months during the last Court order, she failed to contact the Social Worker in charge of the situation of her child. [ 12 ] In March 2021, during one of the visits, the mother decided to leave the youth and join her boyfriend in the bush. The mother and her boyfriend came back intoxicated and X had to return to the foster home early.

Since then, no visits were scheduled except the one with his older sister C. [ 13 ] The Director is asking for a 9-month placement. The Court will shorten this placement in order to verify in which condition the teenager is fostered. [ 14 ] The mother not being able to resume the care of the youth and the father being absent from the life of X, the Court has no other choice but to order the placement of X.

FOR THESE MOTIVES, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of X, born on [...], 2007, are still endangered; [ 17 ] ORDERS the placement of X in a foster family for a period of 6 months; [ 18 ] ORDERS the Director of Youth Protection to carefully chose an appropriate foster home who will answer the needs of the teenager taking into account the fact that he has lived most of his life in [Community A]; [ 19 ] ORDERS that the youth be adequately prepared for a transfer of foster families; [ 20 ] ORDERS that a close follow-up be provided to the foster family and the teenager during the period of transfer and for the following months; [ 21 ] ORDERS that access rights between the teenager and his sister C be encouraged as much as possible; [ 22 ] ORDERS that access rights between X and his mother be supervised by the Director of Youth Protection as for the modalities, the frequency, the presence of a third party and be established taking into account only the best interest of the teenager; [ 23 ] ORDERS that the psychiatric assessment be completed as soon as possible, and that all the recommendations of the professional be followed without any delay; [ 24 ] ORDERS that X continue to receive psychological services for the period deemed necessary by the professional; [ 25 ] ORDERS that the mother be and remain sober at all times when in the presence of X and not to put the teenager in presence of people under the influence of intoxicating substances; [ 26 ] PROHIBITS any contact between X and D, E and F; [ 27 ] ORDERS the mother to fully collaborate with the Director of Youth Protection, meet the Worker upon request and inform the Worker of any changes in her personal situation within 24 hours; [ 28 ] RECOMMENDS that the mother seek help with a professional to deal with her personal issues and substance abuse problems; [ 29 ] ORDERS that aid, counselling and assistance be provided to the youth and the mother for a period of 6 months; [ 30 ] AUTHORIZES the Director to obtain and share information with all service providers working with the family; [ 31 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 32 ] ENTRUSTS the situation of the teenager to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Magdalena Lempicka Ferreira Lempicka Attorneys Lawyer for the applicant

Mtre. Yan Massé Legal Aid Lawyer for the child Mtre. Marie-Michelle Grenier André Levasseur Avocats Lawyer for the mother Date of hearing: September 28, 2021