2019 QCCQ 19319, 2019 QCCQ 19319

Protection de la jeunesse — 198135 2019 QCCQ 19319 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000796-174 DATE: September 27, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2013 child and A B parents ______________________________________________________________________ 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 Denise Descôteaux on May 15, 2019. [ 3 ] Today, the Director recommends that the child remain entrusted to the care or Mr. C and Mrs.

D and that support measures be ordered until June 12, 2020. [ 4 ] The mother is in agreement with the Director’s plan. [ 5 ] The father and the child’s attorney are also agreeing with the recommendations. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The child has continued to thrive while under the care of the paternal grandparents. [ 8 ] The child does well in school. He mentioned enjoying living with his grandparents and spending time with both parents. [ 9 ] The mother resides with her aunt in Town A.

She is still recovering from her December 2 nd , 2018 skidoo accident. She still needs to go to Town B for medical appointments. [ 10 ] The mother is still on a waiting list to be assigned her own house.

[ 11 ] The mother has not taken steps with social services to stabilize her situation. She reported to the Youth Protection worker that she drank less then she used to.

She assured the Director that she was not drinking when her children were visiting her. [ 12 ] Visits between the mother and the child have been reported as positive. [ 13 ] On May 31, 2019, she had to be medically evacuated to Town C as she was intoxicated with alcohol and was expressing suicidal ideations. [ 14 ] The parents reported that, as of May 2019, they were no longer in a relationship with each other. [ 15 ] The father resides with his new girlfriend in Town C. His residence is not appropriate to receive his children.

He is constructing a new house that is still not properly furnished at this point. [ 16 ] The father sees his children on a weekly basis since he lives close to the grandparents’ house. [ 17 ] The father reports that he only consumes alcohol during the weekends. He does not consider his drinking as problematic. [ 18 ] The parents have collaborated with the Youth Protection worker but they’re still unable to care and provide a stable and secure environment for the child.

Their respective situations are still too fragile to permit the child’s return to them. [ 19 ] Even if the maximum duration of placement has been reached for the child, the Director is of the opinion that a shorter placement remains in the child’s interest. It will be important to assess in the next period, if the parents will continue to stabilize their respective situations and if the child’s reintegration will be possible.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for extension; [ 21 ] DECLARES that the security or the development of the child is still endangered; [ 22 ] EXTENDS the order rendered on March 15, 2019; [ 23 ] ORDERS that the child remain entrusted to the paternal grandparents namely, Mr. C and Mrs. D; [ 24 ] ORDERS that the child and the parents continue to take an active

part in the application of any of the measures ordered; [ 25 ] ORDERS that the child and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him on their current situation; [ 26 ] ORDERS that the parents remain sober in the presence of the child; [ 27 ] ORDERS that the mother refrain from engaging any form of aggression or violence in the presence of the child; [ 28 ] RECOMMENDS that the mother seek help through the social services concerning her substances abuse, relationship issues and past trauma; [ 29 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement with the services provided; [ 30 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 31 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children, the parents and the paternal grandparents; [ 32 ] THE WHOLE until June 12, 2020; [ 33 ] 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 Mtre Caroline Jennis Counsel for the child Mtre Angèle Tommasel Counsel for the mother Mtre Nada Boumeftah

Counsel for the father Date of hearing: September 27, 2019