2019 QCCQ 10376, 2019 QCCQ 10376

Protection de la jeunesse — 191095 2019 QCCQ 10376 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000495-157 DATE: January 29, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2008 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 January 31, 2018, in respect of the child. They ask that the child be entrusted until her age of majority, on [...], 2026. [ 2 ] At the hearing, the parents are absent even though they were duly served. The child is absent but duly represented.

Counsel for the child expresses her consent with the measures proposed by the DYP and the filing of the report as value the testimony of its author. [ 3 ] The DYP was first involved in this family situation on June 5, 2015 through voluntary measures. Since that time, several court orders have succeeded to this day. Each time, the child ended up entrusted to a foster family mainly her aunt. On January 31, 2018, an order was rendered entrusting the child again to her maternal aunt until January 31, 2019.

It seems that not much has changed since then regarding the involvement of the parents into their daughter’s life. [ 4 ] Even as time passes, the mother’s situation does not evolved. She still in the same position as before. She does not get involved with services nor makes any changes in her life. Furthermore she was not consistent with her follow-up regarding her addiction problem and her personal issues. [ 5 ] Many services were put in place to support the mother and help her deal with her issues but it was hard for her to attend the scheduled appointments.

In fact, she misses most of her appointments with her psychosocial counselor, her addiction counselor as well as her social worker. Even sadder, she misses several visits with her daughter. [ 6 ] Even at the last court order, the father showed some interest to look after his daughter but it seems that work still has to be done. In fact, over this last year the father has not invested in visits with his daughter. [ 7 ] Considering the instability and the inconsistency of the mother, a life project has to be established for the child.

She cannot be waiting for her mother to get well and she has the right to a good life for herself. Concerning the father, some work has been done but there is much left to do before even acknowledging the return of the child in his environment. This project is not viable at this time. [ 8 ] The child has been living with her maternal aunt, for the past 3½ years. She is part of the family and she feels like home. The foster family expresses their desire to take care of her until she is eighteen.

[ 9 ] The child is 10 years old. She needs a secure, stimulating and healthy environment in order to grow adequately. She expresses her wishes to stay at her aunt until her majority and she feels safe and secure there. Since her placement with her aunt, she blossomed. She feels relieved not be obliged anymore to move back and forth between her parents. [ 10 ] The evidence demonstrates that the security and development of the child are still in danger. Under the circumstances and considering the evidence, the admissions and the child consent, the application is well founded.

The suggested measures appear to be in the best interest of the child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for revision and extension of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 13 ] REVISES AND EXTENDS the Court order rendered on January 31, 2018; [ 14 ] ORDERS that the child be entrusted to her maternal aunt, Mrs C, until the age of her majority, on [...], 2026; [ 15 ] ORDERS that the contacts between the child and her parents be determined between the parties and that they be supervised, as long as deemed necessary by the DYP; [ 16 ] RECOMMENDS that the mother involve herself in a drug and alcohol addiction follow-up as long as deemed necessary by the professionals; [ 17 ] ORDERS that the parents actively participate in the ordered measures; [ 18 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until [...], 2026; [ 19 ] 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 Paradis, Smith & Lemieux for the applicant Me Annie Dupuis for the child Mrs. A the mother (absent) Mr. B the father (absent) Whitten judgment file on January 30, 2019