2019 QCCQ 11145, 2019 QCCQ 11145

Protection de la jeunesse — 192033 2019 QCCQ 11145 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 635-41-000873-189 DATE: February 28, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] AND/OR [SOCIAL WORKER 2] , youth protection workers, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2018 Child and A Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Sections 95(para. 2) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied for the extension of a decision under s. 95 of the Youth Protection Act [1] rendered on May 24, 2018, by the Honourable Renée Lemoine, J.C.Q.

At that time, she declared that the security and development of X, born on [...], 2018, were in danger and entrusted the baby to a foster family until February 28, 2019. [ 2 ] At the hearing, the child was not present, but was represented by counsel. The mother was not present or represented. The youth protection worker ([Social Worker 2]) testified that she was notified of the Court date, but only on February 25, 2019. He met with her several times and she was offered transportation to attend Court. She showed no interest and refused all services offered by the Director of Youth Protection.

At the last Court hearing in May 2018, she was not present. Facts: [ 3 ] The child has remained in the same foster family since the last Court hearing and is doing well. The foster family, however, cannot take care of the child on a long-term basis. [ 4 ] Youth Protection has done extensive search to find a foster family [in Region A] in order to establish a permanency plan for the child, but without success. [ 5 ] The mother’s situation remains the same. She still displays alcohol consumption issues. The police had to intervene with her on several occasions as she was intoxicated.

The mother is in a violent relationship and has had no contact with the child since the last Court hearing.

FOR THESE REASONS, THE COURT: [ 6 ] DISPENSES the Director of Youth Protection from respecting the notification period; [ 7 ] AUTHORIZES the applicant to proceed in the absence of the mother; [ 8 ] GRANTS this application; [ 9 ] EXTENDS the decision or order rendered on May 24, 2018; [ 10 ] DECLARES that the security and development of X, born on [...], 2018, are still in danger; [ 11 ] ORDERS that the child be entrusted to an Inuk foster family, chosen by the institution operating a child and youth protection centre;

[ 12 ] ORDERS the Director of Youth Protection to prepare a permanency plan for the child; [ 13 ] ORDERS the mother to take an active

part in the application of any measures ordered by the Court; [ 14 ] ORDERS the mother to report in person, at regular intervals, to the Director to inform him of the current situation; [ 15 ] ORDERS that the child receive specific health care and health services required by her situation, to be determined by health professionals; [ 16 ] RECOMMENDS that the mother seek help for her alcohol, drug and personal relationship issues through social services or a therapy program; [ 17 ] ORDERS that contact between the child and the mother be determined by the Director with respect to the terms, frequency and degree of supervision; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family; [ 19 ] ORDERS the mother to remain sober in the presence of the child; [ 20 ] ORDERS the mother and Mr.

B to refrain from any aggressive or violent behavior in the presence of the child; [ 21 ] WITHDRAWS the mother’s parental authority regarding school, daycare, medical, travel and passport and GRANTS it to the Director if the mother is unable to give her consent in a timely manner; [ 22 ] ORDERS the Director of Youth Protection to file a report regarding all the steps taken to find an Inuit foster family; [ 23 ] ORDERS the police to cooperate in the execution of this judgment; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out.

THE WHOLE UNTIL NOVEMBER 30, 2019. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicants Mtre Isabelle Martineau Centre communautaire juridique A Counsel for the child Date of hearing: February 28, 2019