2020 QCCQ 12322, 2020 QCCQ 12322

Protection de la jeunesse — 207280 2020 QCCQ 12322 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 614-41-000473-191 DATE: June 19, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT and X, born on [...], 2012 CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR c. P-34.1 ) ______________________________________________________________________ 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 ] The Director of Youth Protection submits an application asking the Court to review and extend a previous judgment rendered on November 13, 2019, ordering the placement of the child in a foster family until the end of June 2020. [ 2 ] At the hearing, Mtre. Marie-Josée Ayoub acts for the mother and Mtre. Michel Grenier for the father. Mtre Yan Massé represents the interest of X and Mtre.

Adelia Ferreira acts for the applicant. [ 3 ] Both parents are in agreement with the measures recommended by the Director of Youth Protection. One or the other parent admits the facts alleged in the petition. These are : • The child remained in the foster home of the paternal grandfather and he is doing well under his care.

There are no issues in the foster home; • Until February 2020, the mother resided in Town A and finally returned Town B; • While in Town A, the mother started the process to apply for treatment; • Upon her return in Town B, the mother met with the NNADAP Worker, still wanting to go for treatment; • The mother attended a land based healing and detox program in the bush from the end of April 2020 until the end of May 2020; • The father remained incarcerated until May 23, 2020.

When released, he returned to Town B; • The parents continue to be in a relationship and they live at the maternal grandmother’s home; • The parents state that they have maintained their sobriety and there is no report to the contrary; • The parents are committed to go to treatment and the maternal grandparents stated that they will be able to care for the child when the parents go for treatment. [ 4 ] The Director of Youth Protection recommends that X be entrusted to his parents. The parents have to understand that even if X

is back in their custody, they have to continue working on their issues and attend treatment. [ 5 ] Given the fact that there is no litigious issue, the measures recommended by the Director are in the best interest of the child. [ 6 ] However, there are still concerns about the possibility that the child is affected by FASD. Even if it was a concern duly noted in the last judgment, no steps have been taken by the Director of Youth Protection or the parents to have this assessment done. This should be done in the best delay and the measures recommended must be put in place as soon as possible.

FOR THESE MOTIVES, THE COURT: [ 7 ] GRANTS the application; [ 8 ] DECLARES that the security and development of X, born on [...], 2012, are still endangered; [ 9 ] ENTRUSTS the child to the care of his parents; [ 10 ] ORDERS that X attend school regularly; [ 11 ] ORDERS that any medical appointments for the child be respected by the parents; [ 12 ] ORDERS the Director of Youth Protection to take the necessary steps to find out if the child is affected by FASD and, if so, that all measures recommended be put in place, all this in the best delay ; [ 13 ] ORDERS the parents to be and remain sober when in the presence of the child; [ 14 ] ORDERS the parents not to put the child in the presence of people who are under the influence of intoxicating substances; [ 15 ] ORDERS the parents not to put the child in a situation where he would witness violence; [ 16 ] ORDERS that the mother continue her follow-up with the NNADAP Worker; [ 17 ] ORDERS that the parents respect all scheduled appointments with the NNADAP Worker and the Director of Youth Protection and ORDERS them to collaborate with the professionals; [ 18 ] ORDERS the mother to attend treatment for her substance abuse issues; [ 19 ] ORDERS that the father attend treatment for his substance abuse issues; [ 20 ] ORDERS that the father seek help with his personal issues; [ 21 ] ORDERS that aid, counselling and assistance be provided to the child and his parents for a period of 1 year; [ 22 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall then see that the measures are carried out. ________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adélia Ferreira Ferreira, Lempicka, Attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire juridique A – Town C Attorney for the child Mtre. Marie-Josée Ayoub Ayoub Avocats inc. – Town D Attorney for the mother Mtre. Michel Grenier Michel Grenier, Avocat – Town E Attorney for the father

Date of hearing: June 19, 2020