2019 QCCQ 14892, 2019 QCCQ 14892

Protection de la jeunesse — 1911165 2019 QCCQ 14892 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001967-162 DATE: December 19, 2019 ______________________________________________________________________ PRESIDING : THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2006 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (Section 95 (para. 1), Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submitted an application to the Court for the review of the decision rendered on March 22, 2019, entrusting the child to a rehabilitation centre until December 31, 2019, with reintegration with C after she has moved into the new house, and ordering various assistance measures including a follow-up by Social Services until December 31, 2019. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the child to C’s foster home and that it orders several assistance measures including a follow-up by Social Services, the whole, until November 20, 2020. [ 4 ] The mother admits most of the facts alleged in the motion and she agrees with the recommendations. The father admits most of the facts and expresses his agreement to the recommendations. [ 5 ] The adolescent is not present. She came to Court, waiting a long time, she was very emotional and left.

Before leaving, she expressed that she is well and happy in the care of C. [ 6 ] The evidence reveals the following facts. The child is thirteen years old. [ 7 ] In March 2019, she was entrusted to her maternal aunt, C, and lives with her since. However, she has been placed sixteen months overall in different foster families and group homes in her life. [ 8 ] Before being entrusted to her aunt, she was entrusted to a rehabilitation centre in January 2019 for a period of two months.

At the time, she was putting herself in danger by running away and not respecting her foster placement. [ 9 ] The child seems to be developing well in Ms. C’s home. [ 10 ] An incident occurred in the foster home in October 2019, involving the grandfather and another child. The Social Workers were able to intervene to put an end to the risk: the grandfather does not live in the house, he was visiting at the time. With the collaboration of the foster mother, it has been possible to put limits on the grandfather, Mr. D. He is no longer allowed to go to the house.

[ 11 ] As the Social Worker underlines in his report, the incident raises some concern about the security of the environment. The foster mother has been collaborative and must continue to do so with Social Services. [ 12 ] With regards to the parents’ situation, the evidence reveals that the father is a registered sex offender. [ 13 ] He has made some recent progress in his life, but continues to consume alcohol on a weekly basis.

He recently began working. [ 14 ] The father is collaborative with Social Services. [ 15 ] He is not ready to care for his daughter on a full-time basis. [ 16 ] The child, who lives in the same village as her father and younger brother, has frequent contact with them. [ 17 ] Even though the contacts between the child and her father are positive, they should be in the presence of a third party. [ 18 ] The collaboration with the mother is limited.

Analysis: [ 19 ] The maximum delay of placement has been reached; [ 20 ] The youth deserves to have a life plan; [ 21 ] Taking into account that the mother is still struggling with her personal problems and the father’s recent incarceration, but recent and gradual progress; [ 22 ] Taking into account that the foster mother must continue to be collaborative with the DYP given the recent incident that occurred with the grandfather, the Court concludes that it is in the best interest of the child to continue to live with her aunt, but this one must be assessed in order to establish that her home is the best environment for X to stay and constitute a life plan. [ 23 ] The evidence also reveals that the adolescent could benefit from a psychological assessment.

THEREFORE AND FOR ALL THESE REASONS, THE COURT: [ 24 ] CONCLUDES that the application is well rendered in fact and in law; [ 25 ] GRANTS the application; [ 26 ] DECLARES that the security and development of X, born on [...], 2006, continue to be in danger; [ 27 ] ORDERS that the youth be entrusted to a foster family and that this foster family be the one of C; [ 28 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child are in danger; [ 29 ] ORDERS that the child and the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 30 ] ORDERS that the child and the child’s parents report in person, at regular intervals, to the Director to inform him of their current situation; [ 31 ] ORDERS that the child attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 32 ] ORDERS that the parents remain sober in the presence of the child; [ 33 ] ORDERS that the parents remain without any violent behaviour in the presence of the child; [ 34 ] ORDERS that the parents seek help through the Social Services concerning their personal issues; [ 35 ] ORDERS that the contacts between the child and the parents be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 36 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family; [ 37 ] RECOMMENDS that the child receive a psychological evaluation; [ 38 ] ORDERS any peace officer to collaborate to the execution of the judgment; [ 39 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out. [ 40 ] THE WHOLE UNTIL DECEMBER 31, 2020.

Signed in ________, on January ___, 2020 _________________________________ LUCIE GODIN, J.C.Q. Mtre Karianne Asselin Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Laurence Migué Centre communautaire juridique A Counsel for the adolescent Mtre Angèle Tommasel Counsel for the mother Mtre Geneviève Lucas Desmarais Desvignes Crespo s.e.n.c.r.l. Counsel for the father Date of hearing: December 19, 2019