2015 QCCQ 20844, 2015 QCCQ 20844

Protection de la jeunesse — 158631 2015 QCCQ 20844 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001849-147 DATE: October 22, 2015 (August 31, 2015) ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2013 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, A district; Applicant and A, residing and domiciled in Town A, A district; Mother and B, residing and domiciled in Town A, A district; Father ______________________________________________________________________ RECTIFIED JUDGMENT (

section 95 of the Youth Protection Act , CQLR, c. P-34.1) ______________________________________________________________________ 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 submitted a motion asking the Court to review and extend the decision rendered by the Honourable Judge Lucille Chabot on December 9, 2014. [ 2 ] At the hearing, the mother was present and represented by Mtre. Michel Grenier. The father was also represented by Mtre. Grenier but was absent due to a medical situation. He was hospitalized in Montreal following an accident.

His counsel received a mandate to take position for him. [ 3 ] The young child was represented by Mtre. Yan Massé, and Mtre.

Suzanne Arpin acted on behalf of the applicant. [ 4 ] The parents acknowledged that the security and development of the child are still in danger, and the mother admitted the following facts: − The situation of the parents very recently started to improve; − The parents do not have a house and live with family members; − They have been accepted for a house by Town A Rental Housing and they are supposed to move there soon; − The father applied for treatment at Mawiomi Treatment Centre in Gesgapegiag but he is on the waiting list; − The mother also applied for treatment but she is pregnant and cannot attend treatment during her pregnancy and because of her medical condition; − The parents have been sober since February 2015; − Since February 2015, there have been no reports of conjugal violence or alcohol use to the Director of Youth Protection. [ 5 ] The child has been placed with foster parents since November 4, 2014.

She has bonded with them and their family members. [ 6 ] The parents have maintained regular visits with their daughter. Nevertheless, the foster parents report that there have been many instances where the mother was late in picking up her child. The importance of being on time has been stressed to the mother, but she can still be late. [ 7 ] The parents have taken some steps to improve their situation. It is important to ensure that the positive changes are supported and sustainable. For the father, it will be important to attend treatment and complete it. For the mother, the situation is more delicate. She

cannot be admitted to treatment during her pregnancy. Once she has given birth, she will not want to be separated from her newborn.

The mother will have to be supported to find a treatment program that accepts her with her baby, or to receive external counselling in order to avoid relapse and maintain her sobriety. [ 8 ] The applicant also recommended couple counselling to resolve any issues of conjugal violence between the parents. [ 9 ] The Court is of the opinion that the measures ordered to stabilize and improve the parental situation should start as soon as possible considering the short period of placement. [ 10 ] It is important to realize that the child has now bonded with the foster family who take care of her on daily basis.

For a young child, time is not the same as for an adult.

Section 91.1 of the Youth Protection Act provides for a maximum period of placement for a young child. After a certain period, if there is no possibility of returning the child to the parents in the short term, the child must be placed on a permanent basis to ensure continuity of care, stable relationships and stable living conditions . Under the circumstances, the Court believes it is in the best interest of the child to extend the period of placement for six months in order to maximize the possibility of reintegration with her parents.

FOR THESE REASONS, THE COURT: [ 11 ] DECLARES that the security and development of the child X, born on [...], 2013, are still endangered; [ 12 ] ORDERS that the child remain in the foster home of C and D; [ 13 ] ORDERS that the child’s placement in a foster home be maintained for a period of six months, with possible reintegration with the parents after four months, if the situation allows; [ 14 ] ORDERS that the Direction of Youth Protection continue to provide aid, counselling and assistance to the child and the parents for a period of nine months ; [ 15 ] ORDERS that both parents attend and complete treatment for their addictions as soon as possible; [ 16 ] ORDERS that the police cooperate with Youth Protection in the execution of the present Court Order; [ 17 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of this order. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Yan Massé For the child Mtre. Suzanne Arpin For the applicant Mtre. Michel Grenier For the parents Date of hearing: July 6, 2015