2022 QCCQ 6393, 2022 QCCQ 6393

Protection de la jeunesse — 222319 2022 QCCQ 6393 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 635-41-001074-209 DATE: April 21, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and X, born on […], 2019 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] On September 22, 2021, the Honourable Peggy Warolin, J.C.Q., declared that the security and development of the child X, born on […], 2021, were still in danger and ordered the following measures: GRANTS the application; DECLARES that the security and development of the child X, born on […], 2019, are still endangered; ORDERS that the child be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; ORDERS that the child return to the parents when the situation allows it, notably, if: • The parents engaged in a therapy regarding their alcohol consumption; • The parents stay sober in the presence of the child; • The parents do not miss any visit with their kids because of alcohol consumption; • The parents collaborate actively by being involved in their children’s medical follow-up and other needs; ORDERS that the terms and degree of supervision of all contacts between the child and the parents be determined by the Director of Youth Protection; ORDERS that the parents take an active

part in the application of the measures ordered by the Court; ORDERS that the parents remain sober from drugs and alcohol and refrain from any violent behaviour in the presence of the children; RECOMMENDS the parents to seek help, through the Social Services or other resources deemed appropriate for their substance abuse and personal issues; AUTHORIZES the Director of Youth Protection to conduct unannounced visits to the parents’ home when the children are under their care; AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided;

ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the child, the family and the foster family; ENTRUSTS the situation of the child X , to the Director of Youth Protection of the A C.Y.P.C. who shall then see that the measures are carried out; [ 2 ] THE WHOLE until February 28, 2022.

The Director of Youth Protection (DYP) asks the Court to extend and review the decision regarding the child. [ 3 ] The DYP recommends that the child be entitled to a permanency plan and remain under the care of the current foster family, C, until she reaches the age of majority. [ 4 ] The mother was not present at the hearing. [ 5 ] The father was present and represented by Mtre Ève Laoun. He did not contest the DYP’s recommendations. He has a good relationship with Ms.

C and acknowledges that there is a strong bond between his daughter and the foster family. [ 6 ] The DYP has been involved in this family for the same reasons for the past six years. The parents have not addressed their alcohol consumption issues. [ 7 ] During this review period, it was difficult to reach the parents and, on several occasions, they did not attend scheduled meetings. [ 8 ] On October 25 and 26, 2021, the mother was intoxicated by alcohol during a visit with the child. The father was not at home during those two incidents. The visits were suspended until the parents addressed the situation.

Despite many attempts, they could not be reached. [ 9 ] On November 26, 2021, the parents showed up at the DYP’s office. They confir-med that they had not taken any steps to address their alcohol consumption issues. [ 10 ] Even though improvement was observed in the stability of the parents’ visits after the Court order, it was difficult for them to maintain that stability. The child did not have any visit or contact with the parents for more than five weeks. The child was impacted by such instability. [ 11 ] The child has been in a stable family since September 2020.

The maximum placement period was reached on September 2021. Unfortunately, the parents were not able to resolve their issues and resume their parental responsibilities. [ 12 ] The child has developed a strong bond with C. She provides the child with a secure and stable environment. She is very respectful of the parents’ place in the child’s life. [ 13 ] Ms. C lives in Town A with her spouse. They both work [in region A]. They do not plan to leave the community but are not sure whether they will return to [region B] in the future.

She understands the importance of ensuring that the child’s cultural identity is maintained. [ 14 ] If Ms. C decides to leave region A, she understands she will have to keep maintaining the bonds between X and her family. [ 15 ] In this regard, The Court emphasizes the responsibility of the DYP under section 16(3) of an Act respecting First Nations, Inuit and Métis children, youth and families [1] , to reassess the situation of an indigenous child on an ongoing basis.

If the foster family leaves region A, this change in the child’s situation should be considered to maintain the bond with the family and ensure the preservation of the child’s connection to her culture. FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the child X, born on […], 2021, are still endangered; [ 18 ] ORDERS that the child be entrusted until the age of majority to a foster family, namely that of C; [ 19 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 20 ] ORDERS that the parents report in person at regular intervals, to the Director to inform him of the current situation; [ 21 ] ORDERS that the parents remain sober from drugs and alcohol and refrain from any violent behavior in the presence of the child; [ 22 ] RECOMMENDS that the parents seek help through social services or another resource deemed appropriate for their substance abuse and personal issues; [ 23 ] ORDERS that the Director of Youth Protection be authorized to access the information regarding the parents’ attendance at appointments with professionals and their level of involvement in the services provided; [ 24 ] ORDERS that contact between the child and the parents be encouraged and determined by the DYP with regard to the terms and degree of supervision;

[ 25 ] ORDERS that the Director of Youth Protection be authorized to conduct unannounced visits to the parents’ home when the child is under their care; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling, or assistance to the child, the child’s family and the child’s foster family. [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out; [ 28 ] ORDERS that the cultural identity of the child be maintained; [ 29 ] THE WHOLE until […], 2037.

Signed in Town A on June 6, 2022 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Gabrielle Francoeur For the child Mtre Geneviève Apollon For the applicant A Self-represented Mtre Ève Laoun For the father Date of hearing: April 19, 2022 April 21, 2022