2017 QCCQ 5096, 2017 QCCQ 5096

Protection de la jeunesse — 172286 2017 QCCQ 5096 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division » N° : 525-41-031749-161 DATE : March 1, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2004 child and A B (deceased) parents ______________________________________________________________________ JUDGMENT

Section 91 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 March 1, 2017.

Introduction [ 2 ] On November 16, 2016, the Tribunal declared that the child’s security or development was endangered and continued the hearing for the final measures on March 1 st , 2016. [ 3 ] Today the Director of Youth Protection (the Director) recommends that the child remain in a foster family for a period of five months with aid, counsel, assistance and other support measures for a one year period. [ 4 ] The mother is in agreement with the proposed plan. [ 5 ] The child’s lawyer also support the recommendations.

Question in litigation [ 6 ] Are the proposed measures respecting the child’s best interest and his rights? Context and Analysis [ 7 ] The child was placed in the foster family of Ms. C. [ 8 ] The child had regular and positive visits with the mother. [ 9 ] The mother reported that she attended a 10 day residential rehabilitation program at Centre Dollard-Cormier in December 2016. The youth protection worker was unable to confirm this with the rehabilitation centre. [ 10 ] On January 9 2017, the mother started another residential rehabilitation program at Onen’to: Ken Treatment Centre.

She left the program two days prior to her graduation. At some point, she had suicidal ideations and was taken to St-Eustache Hospital Emergency by the police. [ 11 ] On February 17, 2017, the mother informed the youth protection worker that she was now at the women’s shelter Chez Doris and that she would be remaining there. [ 12 ] On February 22, 2017, the mother informed the youth protection worker that she was now residing in City A. The mother reports that she will receive weekly follow-up from Onen’To: Ken and that she will be followed by her doctor on February 28, 2017.

[ 13 ] She would like for the child to remain in the foster home of Ms. C while she is potentially looking for a job in Northern Quebec. [ 14 ] The mother has yet to stabilize her situation (mental health, sobriety, housing). A return of the child to her care would be premature at this point. THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] ORDERS that the child remain entrusted to a foster family, namely the home of Ms.

C, for a period of five months; [ 16 ] STRONGLY RECOMMENDS that the mother attend a treatment post-care program to address her alcohol use; [ 17 ] ORDERS that the mother not consume alcohol or expose the child to others who are intoxicated while the child is in her care; [ 18 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by the Director of Youth Protection; [ 19 ] ORDERS that the child’s medical and therapeutic needs be met in a timely matter and that the mother attend all appointments; [ 20 ] AUTHORIZES the Director of Youth Protection to share and receive information from all treating professionals for the mother and the child; [ 21 ] ORDERS that the mother communicate her whereabouts to the Department of Youth Protection in a timely manner, as she did before; [ 22 ] RECOMMENDS that the child engage in age and culturally appropriate therapy to address past traumas; [ 23 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 24 ] THE WHOLE for a period of one year; [ 25 ] 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.

Signed on March 9, 2017 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Berna Tabet Counsel for the child Mtre Lilian Stah Counsel for the mother Date of hearing: March 1, 2017