2018 QCCQ 13846, 2018 QCCQ 13846

Protection de la jeunesse — 184247 2018 QCCQ 13846 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-031903-164 DATE : June 12, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2006 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 June 12, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the judgment rendered on February 14, 2017. [ 3 ] On April 20, 2018, the Tribunal postponed the hearing in order for the Director to take additional steps to find the father’s coordinate. [ 4 ] Today, the Director recommends that the child be placed in her maternal grandparents’ foster family and that support measures be ordered for a period of six months. [ 5 ] The mother and the child’s lawyer are in agreement with the proposed plan.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] The child adapted well to her maternal grandparents’ environment. Her needs are met and she is thriving. [ 8 ] The child is doing well in school. She attends Hampstead School and will start High School at [School A] in September 2018. [ 9 ] In October 2017, the child began attending music therapy sessions.

At this point, this is stopped. [ 10 ] The child sees her brothers Y and Z on a regular basis and visits her mother on a weekly basis. [ 11 ] She maintains daily phone contacts with her mother and sees her regularly during weekends.

[ 12 ] In December 2017 and January 2018 the Director received a new signalements reporting that the child had been sexually abused by her step-brother C. The child denied the reported information. Consequently, the Director closed the two files. In the event that the child needed support in relation to the reported abuse, services would be put in place. [ 13 ] The mother has not maintained residential stability. She lived in different apartments and with different friends. [ 14 ] The mother began a therapeutic process with Ms. [Social Worker 1].

She reported being open to see a psychiatrist and to the idea of taking medication. [ 15 ] The mother has not addressed her substance and gambling issues. [ 16 ] In May 2017, the mother entered a residential rehabilitation program in [Country A]. She left less than half-way through the program. She has not provided any documentation to prove her attendance to support meetings. [ 17 ] The mother reports that she last use cocaine prior to May 2017. She mentioned continuing to use marijuana on a regular basis. [ 18 ] During fall 2017, the mother attended parenting sessions.

She reports having learned some strategies to improve her parenting. [ 19 ] On March 6, 2018, the mother tested positive for cocaine and cannabis. On March 28, she tested positive for cannabis. [ 20 ] The mother acknowledges that, at this time, it is in the child’s best interest to remain entrusted to her maternal grandparents’ care. [ 21 ] Unbeknownst to the youth protection worker, during the summer of 2017, the grandparents organised a meeting between the child and the father. This was not a positive experience for the child.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the application for extension; [ 23 ] DECLARES that the security or the development of the child is still compromised; [ 24 ] EXTENDS the order rendered on February 14, 2017; [ 25 ] ORDERS that the child be entrusted to a foster family; [ 26 ] TAKES ACT that the chosen foster family is the one of the maternal grandparents Ms. D and Mr.

E; [ 27 ] ORDERS that the frequency and modality of contacts between the child and her parents be determined by the Director of Youth Protection; [ 28 ] ORDERS the mother not to discuss adult issues with her daughter, nor expose her to any verbal or physical violence; [ 29 ] STRONGLY RECOMMENDS that the mother continue her therapy; [ 30 ] RECOMMENDS that the mother undergo random drug testing at the request of the worker; [ 31 ] ORDERS that mother collaborate with the Director of Youth Protection and meet with the worker when requested; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 33 ] THE WHOLE for a period of six months; [ 34 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on June 21, 2018 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the child Mtre Josée Lefebvre Counsel for the mother Date of hearing: June 12, 2018