2022 QCCQ 6997, 2022 QCCQ 6997

Protection de la jeunesse — 223089 2022 QCCQ 6997 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division »

No: 145-41-000673-209 DATE: April 21, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2009 Child -and- A B Parents ______________________________________________________________________ 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 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on August 4, 2021, in respect of the child in order to entrust him to a foster family until October 31, 2022. [ 2 ] At the hearing, the mother is present and assisted by a lawyer. The mother agrees with the recommendations of the DYP. As for the child, he is represented by a lawyer who looks after his interests. [ 3 ] Regarding, the father, he is not involved in the youth’s life.

It was impossible to notify the proceeding to him because his address is unknown. In the last judgment ordered, the proceedings could not be served to him either. The DYP formulates a request to be exempted to notify the application to the father. Considering the child’s best interest, the file will proceed. [ 4 ] In the last judgment, the child was entrusted to a foster family and contacts with the mother following an agreement between the parties. Many other measures are also ordered. [ 5 ] Since then, some changes occur in the mother’s life.

She moved into a home across from the foster home in which her son lives. She could visit him often, but she was not consistent. However, they have a good bond, although over the years, they did not live together on a full-time basis. Afterwards, the mother moved and went to live with the father of her (3) three other children. The youth delegate did not have any news from her for a certain period.

On October 7, 2021, they finally met but the mother was not sober and had behaved abnormally. [ 6 ] In October 2021, the child had to be removed from his foster family and entrusted to another foster home, in which his siblings are residing as well. The mother rarely contacts him not even on his birthday. It is noticed that when the mother has no place to live she is not consistent with her visits, her professional appointment and random drug testing. [ 7 ] Currently, the mother is unable to provide a secure, stable and safe environment for the child. She has no place to receive the child.

She not get involved with the professional working with his child. She has not submitted herself to

schedule random drug testing she behaved abnormally and did not have any meeting with the addiction worker or any other professional. Basically, the situation remains the same. [ 8 ] Recently, the mother is more collaborative, more involved and regularly attends her drug screening test. She has more contact with her child.

[ 9 ] The child is 12 years old and he has been living between his mother and his maternal grandmother but mostly with the latter. He has been entrusted to his new foster family on October 1, 2021, and he is doing well as well in school. While living with her mother, he had bad eating habits that are progressively involved. Now, he eats more varieties of food. Of course, he wishes to go back with her but he understands that she has some issues to work on. [ 10 ] In this case, the maximum delays of placements are passed. However, he just recently integrated a new home.

He needs to settle in this new environment before taking another step before considering a life project. The mother remains unstable and still struggles with her addictions. In the months to come, the mother will have to seriously mobilize herself, find a suitable place to reside and attend an addiction program to work on her problems, if she wishes to have her child back or else another life project will have to be planned. [ 11 ] The evidence demonstrates that the security and development of the child are still in danger.

Considering as well the mother’s consent and child position, the application is well founded. Furthermore, the measures suggested by the DYP appear to be in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 12 ] DISPENSE the notification of the application to the father; [ 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 August 4, 2021; [ 16 ] ENTRUSTS the child to a foster family designated by the DYP; [ 17 ] ORDERS that contacts between the child and his mother be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 18 ] ORDERS that contacts between the child and his grandmother C, be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 19 ] RECOMMENDS that the mother submits herself to random drug screening tests; [ 20 ] RECOMMENDS that the mother get involved in a follow-up regarding her personal difficulties, notably for drug and alcohol addiction, as long as deemed necessary by the professionals involved; [ 21 ] AUTHORIZES the DYP to sign the authorizations regarding the child with regards to health care, education or social activities, if the parent neglect to give the authorization within a 48-hour delay; [ 22 ] ORDERS that the mother report at intervals to the DYP to inform of their current situation; [ 23 ] ORDERS that the mother actively participates in the application of the present order; [ 24 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until October 31, 2022; [ 25 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. ______________________________________ CELESTINA ALMEIDA, J.C.Q.

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

Written judgment filed on April 26, 2022