2017 QCCQ 17772, 2017 QCCQ 17772

Protection de la jeunesse — 178156 2017 QCCQ 17772 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-031721-160 DATE : October 5, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2015 child and A mother ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1) and order of interim measures ______________________________________________________________________ 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 October 5, 2017. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend and revise the Court order rendered on December 19, 2016. [ 3 ] Today, the Director recommends that the child remain in a foster family and that support measures be ordered for an interim period of three months. [ 4 ] The mother and the child’s attorney are in agreement with the proposed plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The maternal grandmother, Ms. B, was assessed as a foster family, however the Director has not approved her. Her previous lack of collaboration working with the Director was one of the factors for this decision. [ 7 ] The mother has continued to struggle and has not been able to stabilize her own situation. She has difficulties meeting her own basic needs.

She informed the youth protection worker that she is currently pregnant with her second child. [ 8 ] Since the last court order, the mother lived with friends and for a few weeks, she lived in Town A. She reports having an apartment in Town B, but as this apartment is not furnished, she cannot live there. [ 9 ] At times, it was difficult for the youth protection worker to reach the mother.

[ 10 ] The contacts between the child and the mother have been positive, however they were not consistent. [ 11 ] The Director clarified her expectations from the mother. She needs to demonstrate residential and financial stability. She needs to take care of her own needs. She needs to be consistent in her contacts with the child. The mother also agreed to participate in a parenting course. [ 12 ] In April 2017, the child was integrated in a foster family that could take care of her on a long term basis if needed. She adjusted well to her new environment.

She started attending daycare as of August 21, 2017. [ 13 ] Considering the maximum duration of placement specified in the Youth Protection Act and the mother’s pregnancy, the Director is recommending that the Court reassess the situation in three months.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for extension and revision; [ 15 ] DECLARES that the security or the development of the child is still in danger; [ 16 ] EXTENDS and REVISES the order rendered on December 19, 2016; [ 17 ] SETS the continuation of the hearing on January 16, 2018 in room 2.02 in front of the undersigned; [ 18 ] In the meantime: [ 19 ] ORDERS that the child be entrusted to a foster family; [ 20 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director of Youth Protection including supervision if deemed necessary; [ 21 ] TAKES ACT of the Director of Youth Protection’s intentions to continue to provide weekly contact between the child and the mother at the condition that the mother confirm her attendance the day before; [ 22 ] AUTHORIZES the Director of Youth Protection to sign all medical, educational and travel consents for the child in the event that the mother cannot be reached; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 24 ] 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 October 12, 2017 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Alec Fafard Counsel for the child Mtre Josée Lefebvre Counsel for the mother Date of hearing: October 5, 2017