2018 QCCQ 16151, 2018 QCCQ 16151

Protection de la jeunesse — 187165 2018 QCCQ 16151 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000562-170 DATE: August 8, 2018 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2017 Child and A and B Parents/Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] In September of 2017, the Court grants an application for protection, entrusting the child to a foster family. The Court also orders that the child be entrusted to his mother when she enters therapy and as long as she remains involved in the treatment program. [ 2 ] The Court is now seized with an application in order to extend and revise the previous judgment. The director of youth protection (DYP) asks that the child remain in foster care for the next year.

However, the DYP modifies its recommendations, for the measures to come to an end at the same time as the ones concerning the child’s older brother, namely next February. [ 3 ] The evidence reveals the following situation. [ 4 ] Last year, the child is entrusted to his aunt, as a foster family. Since February, his older brother also lives there. [ 5 ] The parents have a toxic relationship. In March, the mother goes to a woman’s shelter, a secure environment where she could see her children. However, she leaves shortly after, to go back home. [ 6 ] The mother still struggles with serious addiction problems.

On a few occasions, she undertakes steps in order to enter treatment. Unfortunately, she either does not attend or leaves prematurely. [ 7 ] Needless to say that, despite the good intentions expressed by the mother last year, it was never possible to entrust the child back to her care, since she never attended the program she was supposed to. [ 8 ] When the hearing takes place, the mother is in detox, according to her lawyer. Afterwards, she would enter a treatment program.

One can only hope that the mother will be able to achieve her goal this time. [ 9 ] The father also has issues to deal with, in regards with addictions and anger. Moreover, he works as a fisherman and has very little available time to meet with professionals who could help him. [ 10 ] The evidence convinces the Court that it is necessary to maintain the child in foster care. [ 11 ] If the parents wish to regain the child’s custody, they have to put on major changes in their lifestyle and they have to do it now. Otherwise, we will have to foresee long term measures to ensure the child’s stability.

[ 12 ] In fact, according to

section 91.1 of the youth protection act, the Court should, at this stage, order long term measures. However, since the mother is involved in a treatment in order to try to solve her personal problems, the Court will render a last short-term judgment. Moreover, the Court will then revise the situation of both children at the same time. WHEREFORE, THE COURT: [ 13 ] GRANTS the application for revision and extension of order; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 15 ] REVISES AND EXTENDS the Court order rendered on September 7, 2017; [ 16 ] ORDERS that the child be entrusted to a foster family designated by the DYP until February 9, 2019; [ 17 ] ORDERS that contacts between the child and his parents be determined following agreement between the parties and AUTHORIZES the DYP to supervise them; [ 18 ] ORDERS the parents to be sober of alcohol and drugs during the visitations of the child; [ 19 ] RECOMMENDS that both parents actively participate in addiction assessment and drug counselling as long as deemed necessary; [ 20 ] RECOMMENDS that the parents actively participate in external education services as long as deemed necessary; [ 21 ] RECOMMENDS that the parents participate in a parental capacity and psychological evaluations; [ 22 ] ORDERS that the parents actively participate in the ordered measures to put an end to the situation; [ 23 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until February 9, 2019; [ 24 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the child Me Alexis Deschênes for the mother Mr. B the father (absent)

Written judgment filed on September 4, 2019