2020 QCCQ 13849, 2020 QCCQ 13849

Protection de la jeunesse — 202104 2020 QCCQ 13849 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] “Youth Division” No: 635-41- 000783-172 DATE: January 30, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2009 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 January 30, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the honourable Marc Ouimette on March 19, 2019. [ 3 ] Today, the Director recommends that the child be entrusted to a foster family and that diverse support measures be ordered until December 31, 2020. [ 4 ] The mother would have liked to have the child entrusted to her care but she agrees with the recommendations of the Director.

She intends to enter the Portage Program as soon as possible. [ 5 ] The child wanted to return living with his mother. He understands that she will be going to Portage. In the meantime, he agrees to stay with his grandmother. 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 been thriving in the care of his maternal grandmother’s foster family.

He is going to school on a regular basis, is doing well academically and presents with good behaviours. [ 8 ] The mother still struggles with alcohol consumption issues. She has yet to take steps to correct and stabilize her situation. During the last Court hearing, the mother mentioned that she would like to attend treatment at the Portage Mère-Enfant Program. On July 30, 2019, the mother informed the Youth Protection worker that she was not in agreement anymore to enter the Portage rehabilitation centre. At that time, the mother was reporting that she had been sober for the last two months.

Today she expressed her

wish to enter the program. [ 9 ] In August 2019, the mother met with a psychiatrist but since, she’s been refusing to take her prescribed medication. [ 10 ] She also refused to work with an external educator. [ 11 ] On September 6, 2019, the mother physically assaulted the child’s sibling, Y. She was arrested and has condition not to be in the same house as the child and his sibling. [ 12 ] On November 8, 2019, the mother had a truck accident while being intoxicated by alcohol.

She was arrested for impaired driving, breach of her curfew and breach of her conditional sentence. [ 13 ] The mother had to appear in Criminal Court on January 22, 2020. [ 14 ] The mother is offering a better collaboration to the Director. She presents herself to appointments and calls the Youth Protection worker on a regular basis. [ 15 ] Today, as she plans to enter Portage, the mother is thinking of her son first.

It is a decision that shows that she loves him and that she wants to be in good health in order to take care of him eventually. [ 16 ] The father has remained uninvolved in the child’s situation. [ 17 ] The evidence supports the Director’s plan.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for extension; [ 19 ] DECLARES that the security or the development of the child is still endangered; [ 20 ] EXTENDS the order rendered on March 19, 2019; [ 21 ] ORDERS that the child be entrusted to a foster family; [ 22 ] TAKES JUDICIAL NOTICE that the Director has chosen that the child be entrusted in his maternal grandmother’s foster family; [ 23 ] ORDERS that the child and his mother take an active

part in the application of any of the measures ordered; [ 24 ] ORDERS that the mother report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 25 ] ORDERS that the child, his mother and his foster family receive the services of an external educator for the period deemed necessary by the professional; [ 26 ] RECOMMENDS that the mother continue to seek help through the Social Services or another resource deemed appropriate for her personal issues; [ 27 ] TAKES JUDICIAL NOTICE that the mother intends to enter the Portage Program; [ 28 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother's presence at appointments with professionals and her level of involvement in the services; [ 29 ] ORDERS that the mother remain sober in the presence of the child; [ 30 ] ORDERS that the mother refrain from engaging in any form of violence or aggression in the presence of the child; [ 31 ] ORDERS that the contacts between the child and his mother be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 33 ] THE WHOLE until December 31, 2020; [ 34 ] 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 February 13, 2020 /cd Mtre Geneviève Apollon

Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the child Mtre Nada Boumeftah Counsel for the mother Date of hearing: January 30, 2020