2019 QCCQ 11847, 2019 QCCQ 11847

Protection de la jeunesse — 191892 2019 QCCQ 11847 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000285-181 DATE : February 14, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2011 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 February 14, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucille Beauchemin on February 22, 2018. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered for the coming year. [ 4 ] The mother and the child’s attorney agree with the Director’s plan. [ 5 ] The father, was duly notified but is absent.

He also agrees with what is recommended today. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] In her last judgment, Justice Beauchemin was very clear with the mother when she wrote the following: [14] The mother needs a professional assessment of her drinking problem in order to target the kind of treatment she needs. She is a victim of sexual abuse by her father. The mother still needs assistance with that situation.

She needs to explore with a therapist why she puts her children at risk by leaving them with their maternal grandfather. [ 8 ] The parents did not follow through on taking all the necessary steps to stabilize their situation. [ 9 ] The child was entrusted to several foster families. In April 2018, the child was transferred to a foster family in City A. In August 2018, the child was transferred to the paternal grandmother in City B. While there, the child had contact with the father. The

Director received reports that the father was consuming alcohol in the child’s presence. [ 10 ] Since October 2018, the child is thriving in the foster family of the maternal grandmother. The maternal grandfather left the residence before the child’s arrival. The mother is living in the same residence. [ 11 ] The child is doing well in school. [ 12 ] The mother still consumes alcohol to the point of intoxication. When she does, she leaves the residence. On occasions, she returns home while still inebriated.

This has to stop as it’s troubling for the child. [ 13 ] The mother reports wanting to participate in a treatment program, but has yet to complete the steps to do so. She’s been ambivalent about this and now reports being ready to go to the rehabilitation program in City C. [ 14 ] The mother has continued to be followed by a community worker on a regular basis. She collaborated with the youth protection worker. [ 15 ] The father has not collaborated with the youth protection worker.

He did not contacted the worker and only spoke to the child on the phone. [ 16 ] The parents are still not in a position to resume the care of the child and provide a stable environment. The placement and the Director’s intervention remains necessary. The mother was reminded about the Youth Protection Act ’s maximum duration of placement. At this end of this order, if she has not stabilized her situation sufficiently, the Director might present an alternative long term plan.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for revision; [ 18 ] DECLARES that the security or the development of the child is still endangered; [ 19 ] REVISES the order rendered on February 22, 2018; [ 20 ] ORDERS that the child be maintained in foster care; [ 21 ] RECOMMENDS that the child remain entrusted to the foster care of the maternal grandmother; [ 22 ] ORDERS that frequency and modalities of contacts between the child and the parents be determined by the Director of Youth Protection including supervision if necessary; [ 23 ] RECOMMENDS that the mother engage in a drug and alcohol program; [ 24 ] ORDERS that the father inform the Director of Youth Protection of any steps taken for his drug and alcohol issues; [ 25 ] ORDERS that the child not be exposed to anyone under the influence of drug and alcohol; [ 26 ] PROHIBITS any contact between the child and the maternal grandfather, Mr.

C; [ 27 ] TAKE JUDICIAL NOTICE that the Director will provide the grandfather’s address to the clerk as soon as possible; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 29 ] THE WHOLE for a period of one year; [ 30 ] 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 February 25, 2019 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Michel Grenier Counsel for the mother Date of hearing: February 14, 2019