2023 QCCQ 8486, 2023 QCCQ 8486

Protection de la jeunesse — 232691 2023 QCCQ 8486 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000291-189 DATE : APRIL 5 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...] 2008 Youth and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant and A B , Parents . JUDGMENT

Article 95 al. 1 - Youth Protection Act [ 1 ]

JG1314 The Director of Youth Protection (Director) submits an application for a review of the decision rendered on September 8 th , 2020, entrusting the child to the foster home of her grandmother C until her age of majority along with supporting measures including aid, counselling and assistance. [ 2 ] The Director asks the Court to order that the child be entrusted to the foster family of the paternal grandfather and his spouse D, for a period of twelve months along with supporting measures including aid, counselling and assistance for the same period until April 5 th , 2024. [ 3 ] The mother is present.

She is not represented by a lawyer. She acknowledges that the situation is as it is alleged in the application. She agrees with the recommendations proposed. [ 4 ] The father has been duly served. He is absent at the hearing. [ 5 ] M e Massé on behalf of the youth corrects a date with regards to the fact alleged on paragraph 5.3.

She specifies that it is on December 2 nd , 2022, that she took medication with the intention to end her life instead of December 10 th . [ 6 ] She also affirms that the situation of his father has improved since the last judgment but unfortunately, he relapsed again. [ 7 ] She agrees with the recommendations proposed. [ 8 ] The evidence reveals the following facts. [ 9 ] The youth is 14 years old. Since the last judgment she remained with her foster mother the paternal grandmother. The family moved to Town B. [ 10 ] On December 2 nd , 2022, the youth took medication with the intention to end her life.

She was hospitalized and on suicide watch. During her hospitalization the foster mother learned that it was the second time the child wished to end her life. [ 11 ] The child only confided the mother with her suicidal ideations. The mother did not share this information neither with the foster mother nor with the Youth Protection worker. [ 12 ] During her visits with the youth the mother takes drugs, speed and cocaine and drinks alcohol in front of the youth.

She does not support the foster mother and tries to sabotage the relation between the child and the foster mother. [ 13 ] In January 2023, the youth required a change of foster home stating not being emotionally supported by the grandmother. [ 14 ] The grandmother agreed to let go of the child as she is tired of being blamed by the mother of the child’s psychological state and being threatened by the child suicidal ideations; [ 15 ] The youth was entrusted to her paternal grandfather E and his spouse D who are recognised as a foster home. The youth is back to the community of Town A.

She attends school regularly. [ 16 ] She has follow-up with a psychologist. [ 17 ] The mother situation has not changed; she still struggles with substance abuse. [ 18 ] The father situation remains basically the same. [ 19 ] The youth voices that her father’s situation has improved but unfortunately, he relapsed again.

He did not complete any program and still struggles with addiction issues. [ 20 ] At the present time none of the parents can resume their parental responsibilities. [ 21 ] [Social Worker 1], Youth Protection worker, in her report dated March 15 th , 2023 [2] analyses the situation in the following terms: Due to the paternal grandmother being overwhelmed with having X under her care and is having trouble supporting her with her suicidal ideations. DYP addressed the breakdown in the foster home by placing X in the care of a close family member.

The paternal grandfather is a main support for X right now and also helps people with mental health issues for a living along with his wife Manon which will be beneficial for X. Both the paternal grandfather and his wife are ready to foster and support the youth. Therefore, it is recommended that X be entrusted to the paternal grandfather and his wife. [ 22 ] The goals and objectives of the measures proposed are the following [3] :

To maintain X in the home of her paternal grandfather's home and his wife, where child can receive continuous support and stability. For X to continue follow-ups the Psychologist for past trauma. For X not to be exposed to alcohol or drugs. [ 23 ] The evidence reveals that the youth need stability. She needs to continue her follow-up with a psychologist. She also needs to have contacts with the parents in an environment where she is not exposed to drugs and alcohol.

Therefore, supervised visits should be ordered. [ 24 ] Given the age of the youth, her needs, the Court concludes that the recommendations proposed are in the interest of the youth. THEREFORE, THE COURT : [ 25 ] GRANTS the application; [ 26 ] REVISES the decision rendered on September 8 th , 2020; [ 27 ] DECLARES that the security and development of Xborn on [...], 2008 are still endangered under

section 38 ( b ) (1) iii. and ( b ) (2) of the Youth Protection Act ; [ 28 ] ORDERS that the youth be entrusted to the foster family of the paternal grandfather and his spouse Ms.

D for a period of twelve (12) months ; [ 29 ] ORDERS that the frequency and modality of contacts between the youth and the parents be agreed among all parties and supervised by the Director of Youth Protection; [ 30 ] ORDERS that the parents to be sober in presence of the youth; [ 31 ] ORDERS that the youth receive specific health care and health services notably a regular follow-up with the psychologist as far as deemed necessary by the professional; [ 32 ] ORDERS that aid, counselling and assistance be provided to the youth and the youth’s parents for a period of one year ; [ 33 ] The whole, until April 5 th , 2024. [ 34 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Adélia Ferreira Attorney for the Director of Youth Protection Mother present, not represented Father absent, not represented M e Yan Massé Advocate for the youth Date of hearing : April 5 th , 2023 Last exhibit: D-13