2013 QCCQ 11129, 2013 QCCQ 11129

Protection de la jeunesse — 133164 2013 QCCQ 11129 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 525-41-025544-123 DATE: July 24, 2013 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Youth and Family Centres Applicant - and - X Born on […], 2012 - and - A Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of July 24, 2013, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for revision by the Director of Youth Protection of an order rendered December 10, 2012, entrusting the child to foster care for a period of six months with a social follow-up for the same period. [ 3 ] The principal facts alleged in support of the motion are the following: • The child is progressing well in his foster care and is developing age appropriately; • The mother completed a substance abuse treatment program at Pavillon A; • The mother underwent random drug testing and has obtained negative results to said tests, however she continues to refuse to undergo hair analysis; • The mother maintained regular contacts with the child, but only recently started full-day visits at her home; • The mother is expected to give birth around the end of May 2013 and she anticipates having to meet the needs of the newborn child for the most part on her own; • The mother does not feel that having to care for a newborn will impact her ability to parent X; • The mother availed herself from individual services from the CLSC, however said services are limited to ten sessions. [ 4 ] The Director of Youth Protection recommends that the child be maintained in foster care for a period of three months, with reintegration to his mother’s care during this period.

Furthermore, that a social follow-up be provided to the family for a period of one year. [ 5 ] The mother admits the facts alleged in the motion, but is asking for her son to be entrusted to her care. She testifies that she agrees for a social follow-up for a period of three months and at the most six months. She confirms that she receives services from the CLSC

and says she agrees to participate in activities with her son at the Community Centre A. She therefore believes that DYP's support will only be necessary for approximately three months. The mother says that she gets along well with the educator who comes to the home two or three times a week and that she agrees to respite care for X in the foster family where he is currently entrusted. [ 6 ] Counsel for the child considers that the recommendations of the Director of Youth Protection are in X best interest. However, that a one year social follow-up may be too long, but that 3 months is too short.

The objective is that the full reintegration of the child to his mother's care be successful and other community based services must be put in place to ensure that all the child's needs are met. Therefore, a social follow-up for a period of five to six months is necessary. [ 7 ] The Court also heard the testimony of Ms. [Social Worker 1], youth protection worker, and read the Court Report the Director of Youth Protection filed as proof of the child’s situation. The evidence reveals that the mother has made great progress since the last Court order.

She has completed a substance abuse treatment program at Pavillon A and attended two drug tests for which the results were negative for substance use. [ 8 ] On May 12, 2013, the mother gave birth to her sixth child, Y. The mother currently spends a lot of time at the home of Mr. B who supports her with the care of both children.

However, the mother has been observed to be overwhelmed at times with the care of X and the baby. [ 9 ] Under the circumstances, and given the stability and consistency of the mother over the last months, it is in the child’s best interest to be maintained in foster care until October 1 st , 2013, with reintegration to his mother’s care during this time. However, the continued intervention of DYP with the family is necessary until April 1, 2014.

The mother must establish a structured routine for both children and learn to manage their needs independently. [ 10 ] The admissions and the evidence made have convinced the Court that the security and development of the child are still compromised. [ 11 ] THEREFORE, THE COURT: [ 12 ] ORDERS that the child, X, be entrusted to foster care until October 1 st , 2013, with reintegration to his mother's care during this period; [ 13 ] ORDERS that respite services, for a maximum of 72 hours, be provided to X as per mother's request; [ 14 ] ORDERS that the contacts between the child and his mother be encouraged and that they be determined by the Director of Youth Protection after discussion with the mother; [ 15 ] RECOMMENDS that the mother avail herself of community based services, more specifically, A community center, CLSC, and all other services suggested by the Director; [ 16 ] ORDERS that the mother continue to collaborate with the Director and meet with the youth protection worker upon request; [ 17 ] ORDERS that the family continue to receive the services of an educator, as deemed necessary; [ 18 ] RECOMMENDS that X attend daycare; [ 19 ] ORDERS that the mother submit to random drug testing upon the request of the worker; [ 20 ] TAKES JUDICIAL NOTICE of the mother's consent to undergo random drug testing; [ 21 ] ORDERS that the Director be authorized to obtain and share information with all of the service providers working with the family; [ 22 ] ORDERS a person working for A Youth and Family Centres to provide aid, counsel and assistance to the child and the family until April 1 st , 2014; [ 23 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 24 ] ORDERS the execution of the present order by any peace officer.

Signed July 30, 2013 Ann-Marie Jones, J.C.Q.

AMJ/dg Me Sym Davis Counsel for the Director of Youth Protection Me Bernard Sepinwall Counsel for the child Me Alexandre Lenis Counsel for the mother Date of hearing: July 24, 2013