2022 QCCQ 13920, 2022 QCCQ 13920

Protection de la jeunesse — 224804 2022 QCCQ 13920 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000773-210 DATE : May 26, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2015 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 9.2, 9.3 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 May 25, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Denyse Leduc on November 1, 2021. [ 3 ] On April 11, 2022, the Tribunal ordered the provisional foster placement of the child in a foster family. [ 4 ] Today, the Director recommends that the child remain entrusted to a foster family for a period of six months and that support measures be ordered for a period of one year. [ 5 ] The father is currently in custody at A Detention Centre in relation to the death of a pedestrian on the […].

His attorney mentioned that he was agreeing with the recommendations made. [ 6 ] The mother and the child’s attorney are also in agreement with the Director’s plan. [ 7 ] Both parents recognized that they still have work to do to stabilize their situation before the child’s reintegration. Question in litigation [ 8 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 9 ] The child has continued to thrive while living in the foster home. [ 10 ] The parents’ situation has slightly improved.

They did not attend any treatment program and did not seek any formal support for their drug and alcohol addiction. They did not receive any professional help regarding their marital issues.

[ 11 ] In January 2022, the parents have resumed their relationship. The father reports drinking less since the child’s placement. The mother mentioned that she last consumed alcohol on New Year’s Eve. [ 12 ] At times, the Youth Protection worker had difficulties reaching the parents. [ 13 ] Visits were organized between the parents and the child. No issues were reported during these visits. [ 14 ] In February and March 2022, the child participated in a neuropsychological assessment in order to understand the nature of his specific difficulties.

Following this evaluation, the expert confirmed the child’s developmental language disorder. It was also determined that the child has a moderate ADHD, predominantly hyperactive/impulsive type and a developmental coordination disorder. The recommen-dations were provided for his parents, his caregivers and his teachers. [ 15 ] In her last judgment, Justice Leduc mentioned the following: The community worker believes that the mother’s attachment to the children will motivate her in the next months to seek for services and change her way of life.

As she often has contact with her children, it should motivate her sufficiently to attend treatment and seek for personal counselling. [ 16 ] What was mentioned in the last judgment sadly did not materialized. [ 17 ] The child was first placed outside of the family on September 20, 2021. [ 18 ] At this point, the parents are still not in a position where they are ready to care for the child. They have yet to seriously address their issues and stabilize their personal and marital situations.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for revision; [ 20 ] DECLARES that the security or the development of the child is still endangered; [ 21 ] REVISES the order rendered on November 1, 2021 by the honourable Denyse Leduc; [ 22 ] ORDERS that the child be entrusted to a foster family for a period of six months; [ 23 ] ORDERS that the Director of Youth Protection determine the contacts between the child and the parents as for the modalities, the frequency, the duration and degree of supervision; [ 24 ] ORDERS that the school aged children attend regularly; [ 25 ] RECOMMENDS that the father receive services regarding his personal issues; [ 26 ] RECOMMENDS that the mother engage and actively participate in services regarding her addiction issues; [ 27 ] TAKES JUDICIAL NOTICE of the parents’ consent to participate in random drug and alcohol testing and ORDERS that the parents participate in such testing; [ 28 ] ORDERS that the parents meet with the Director of Youth Protection community worker twice a month for the first six months; [ 29 ] ORDERS that the parents ensure that the child is not exposed to anyone under the influence of drugs or alcohol and any form of violence; [ 30 ] AUTHORIZES the Director of Youth Protection to release and obtain information related to the attendance, participation and progress in programs provided for the child and the parents; [ 31 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 32 ] THE WHOLE for a period of twelve months; [ 33 ] ENTRUSTS the situation of X to the Director of Youth Protection of Board of Health and Social Services A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on July 5, 2022 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Marie-Josée Ayoub

Counsel for the child Mtre Yan Massé Counsel for the mother Mtre Justine Bergeron Counsel for the father Date of hearing: May 26, 2022