2018 QCCQ 20549, 2018 QCCQ 20549

Protection de la jeunesse — 188253 2018 QCCQ 20549 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division » N : 525-41-031675-168 DATE : March 6, 2018 ______________________________________________________________________ BY THE HONOURABLE CAROLE BROSSEAU, JCQ ______________________________________________________________________ In the situation of : X Born on […], 2016 ______________________________________________________________________ JUDGMENT ON APPLICATION UNDER

SECTION 95 OF THE 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, 11.2.1 et 135 Y.P.A.). ______________________________________________________________________ [ 1 ] CONSIDERING that the Director of Youth Protection (the Director) has presented an application to extend the decision rendered on June 22, 2017 to the effect that the child is entrusted to a foster family along with other measures for a period of six months; [ 2 ] CONSIDERING that the parents recognize their inability to assume the child’s care; [ 3 ] CONSIDERING that the parents have a long history of transient lifestyle and substance abuse; [ 4 ] CONSIDERING that parents have not addressed their substance misuse issues (D-8); [ 5 ] CONSIDERING that parents did not contact the Director since the last court order (D-7) but they attend the last review meeting on November 20, 2017 (D-8); [ 6 ] CONSIDERING that the parents had contacted the foster parents few times by phone messages (D-7); [ 7 ] CONSIDERING that a visit was set on January 25, 2018 but was cancelled because the parents got into an altercation; [ 8 ] CONSIDERING that the paternal uncle and aunt reaffirmed the Director and the Court their commitment to care for the child in the long term (D-8); [ 9 ] CONSIDERING that the child is entrusted to the care of her paternal uncle and aunt since May 26, 2017; [ 10 ] CONSIDERING that the child is doing well in the home and had established a strong bond with them and her foster brother; [ 11 ] CONSIDERING that the child possibly suffers Fetal Alcohol Syndrome Disorder and has a lot of needs; [ 12 ] CONSIDERING that the foster parents would prefer to adopt the child instead of becoming tutors but they came back to the initial plan because they won’t be able to receive sufficient financial support with adoption plan to provide the services necessary for the child (D-8); [ 13 ] CONSIDERING that tutorship is not easily understood in other provinces even the tutors are allowed to live anywhere in Canada with the child (D-8); [ 14 ] CONSIDERING that the Director needs more time to evaluate the final plan for the child and to support the foster parents with their new challenges; [ 15 ] CONSIDERING that the foster parents are open to arranging visitation with the condition that both parents are sober when visiting their child; [ 16 ] CONSIDERING that the measures recommended by the Director are supported by all parties; [ 17 ] CONSEQUENTLY, THE COURT :

[ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of the child are still endangered; [ 20 ] EXTENDS AND REVISES the order ordered on June 22, 2017; [ 21 ] AS FAR AS THE MEASURES ARE CONCERNED ; [ 22 ] ORDERS that X be entrusted to a foster home and TAKES JUDICIAL NOTICE that Mr. A and Mrs. B have been chosen as foster parents for the child and consequently, ORDERS that the child be maintained with this foster family; [ 23 ] WITHDRAWS from the parents the exercise of certain attributes of the parental authority and ORDERS that Mr. A and Mrs.

B be granted with the exercise of parental authority in regards to the daily needs of the child, including daycare purposes, travel and passport request, health and other developmental needs; [ 24 ] ORDERS that the frequency and modality of contact between the child and her parents are determined by the Director of Youth Protection, including supervision if deemed necessary with the following conditions: - that the parents present themselves in time for the visits; - that the parents are sober in the presence of the child; - that the parents collaborate with the Director of Youth Protection; [ 25 ] ORDERS the parents to inform the Director of Youth Protection of any change in their personal life, including address, telephone number and the measures they apply themselves for the next few months within 24 hours following the change; [ 26 ] AUTHORIZES the Director of Youth Protection to share and exchange informa-tion with the treating professionals, including the Children’s Aid Society in Ontario; [ 27 ] RECOMMENDS strongly that the parents participate in therapeutic services to address their respective issues and stabilize their situation, including undergo a substance abuse assessment; [ 28 ] ORDERS that aid, counsel and assistance be provided to the child and her family; [ 29 ] THE WHOLE for a period of one year ; [ 30 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A Youth and Family Centres , who shall then see that the measures are carried out.

Done and signed in Town A On March 9, 2018 __________________________________ CAROLE BROSSEAU, JCQ Me Heidi Lechter Lawyer for the Director of Youth Protection Me Robert Hamel Lawyer for the child Me François Pelletier Lawyer for the father Hearing date : March 6, 2018 /sc