2022 QCCQ 8576, 2022 QCCQ 8576

Protection de la jeunesse — 224838 2022 QCCQ 8576 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 001041-208 DATE: January 20, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2019 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 January 20, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Jean Gravel on May 6, 2021. [ 3 ] Today, the Director recommends that the child be entrusted to a foster family and that support measures be rendered until June 30, 2022. [ 4 ] The mother agrees with the Director’s plan. She is happy that the child will soon return to the care of Mrs.

C’s foster family. [ 5 ] The father is absent but informed the Youth Protection worker that he wanted his son to return to C’s care. [ 6 ] The child’s attorney also agreed with the Director’s plan. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 8 ] The child was first entrusted to the foster family of his paternal aunt, Mrs. C in Town A. On numerous occasions, the aunt asked for respite.

The Director reports that she eventually mentioned that she could not care for him anymore. [ 9 ] On July 22, 2021, the child was entrusted to the foster family of Mrs. D and Mr. E in Town A. During respite periods, the child had been previously placed in this family. At first, the child appeared insecure but he is now doing well in this environment. [ 10 ] The child is now registered at the A public daycare. Due to COVID-19, the daycare has been closed for some time.

[ 11 ] In May, June and September 2021, the child had the opportunity to visit his parents in the community A. In July 2021, a visit was organized between the child and the mother in Town A. The mother never presented herself at the airport. Since then, the mother refused to travel to Town A to have visits with her son. She expected that the child would be the one to make this travel. During her testimony, the Youth Protection worker mentioned that the Director could facilitate the mother’s traveling to Town A for contacts with the child. [ 12 ] The parents still struggle with alcohol consumption issues.

Despite a criminal probation condition, the father still maintained frequent contacts with the mother. The parents did not take any formal steps to seek support. They did not attend A Treatment Centre. The mother did not present herself to appointments made with Social Services. The parents’ collaboration with the Director has been minimal. The mother retracted her consent for the Youth Protection worker to access police report. [ 13 ] Mrs. C, the paternal aunt, is now asking for the child to be entrusted back to her care.

The Director plans for the child to return to her foster family at some point in the coming months. The Youth Protection worker mentioned that Mrs. C now better understands the required commitment. Mrs. C will have to better communicate her own expectations in terms of support from the Director. Support from a psychologist and babysitting arrangements can be facilitated by the Director if needed. [ 14 ] The maximum duration of placement set in the Youth Protection Act has been reached for the child since December 30, 2021.

As the parents did not take steps to correct and stabilize their situation, they have not prioritized their child’s needs. [ 15 ] At this point, before presenting a permanent plan for the child, the Director wishes to confirm the level of commitment of the foster mother and the stability of this plan.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for extension; [ 17 ] DECLARES that the security or the development of the child is still endangered; [ 18 ] EXTENDS the order rendered on May 6, 2021 by the Honourable Jean Gravel; [ 19 ] ORDERS that the child be entrusted to a foster family; [ 20 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court and fully collaborate with the Director of Youth Protection; [ 21 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 22 ] ORDERS that the parents remain sober in the presence of the child; [ 23 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 24 ] RECOMMENDS that the parents seek formal help through the Social Services of another resource deemed appropriate concerning their substance abuse and relationship issues; [ 25 ] RECOMMENDS that the father seek formal help through the Social Services or another resource deemed appropriate concerning his anger management; [ 26 ] RECOMMENDS that the mother seek formal help through the Social Services or another resource deemed appropriate concerning her emotional dependency; [ 27 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 28 ] TAKES JUDICIAL NOTICE that the Director is open to facilitate contacts between the child and the mother at a frequency of once per month if the mother and the foster family are available; [ 29 ] ORDERS the police to collaborate to the execution of the enactment; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 31 ] THE WHOLE until June 30, 2022; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on January 27, 2022 /cd Mtre Geneviève Apollon

Counsel for the Director of Youth Protection Mtre Gabrielle Francoeur Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: January 20, 2022