2017 QCCQ 10880, 2017 QCCQ 10880

Protection de la jeunesse — 174380 2017 QCCQ 10880 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032058-174 DATE : May 23, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2016 child and A B parents ______________________________________________________________________ JUDGMENT Applicable measures

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 May 23, 2017. [ 2 ] On February 14, 2017, the Tribunal declared that the security or development of the child was compromised as there was a serious risk that the child was neglected.

The Tribunal continued the hearing on the applicable measures to a different date in order to permit a better assessment of the parents’ motivation. [ 3 ] Today, the Director of Youth Protection (the Director) recommends that the child be placed in a foster family, taking note that the chosen foster home will be the one of her paternal grandmother, Ms.

C and that support measures be provided to the family for a period of one year. [ 4 ] The mother agrees with the recommended measures. [ 5 ] The father would like the child to remain in her paternal grandmother’s care until he can demonstrate his capacity to be a better parent. [ 6 ] The child’s attorney is also in agreement but is asking the Court to entrust the child directly to the paternal grandmother. Question in litigation [ 7 ] Are the recommended measures in the child’s best interest and respecting the child’s rights?

Context and Analysis [ 8 ] The child is thriving in the care of her paternal grandmother. Ms. C was recognized as a foster family on May 4, 2017. [ 9 ] The parents have not been regularly visiting the child.

[ 10 ] On February 21, 2017, both parents tested positive for cocaine. [ 11 ] The father has been incarcerated since March 2017 in relation to four counts of theft. He should be remaining in prison at least until July 10, 2017. The father has opted not to attend Court. [ 12 ] The mother reported to the youth protection that she was facing many challenges, including her health, her relationship with the father, her sobriety and her parenting.

She is pregnant and indicated that she felt overwhelmed. [ 13 ] In April 2017, the mother entered a rehabilitation facility attached to A Pavilion. [ 14 ] As the parents have not yet stabilized their own situation, the child’s reintegration to their care cannot be considered. The child’s grandmother has been collaborating with the youth protection worker and with the educator. She is open to suggestions and is ensuring that all of the child’s needs are met. THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] ENTRUSTS the child to the paternal grandmother, Ms.

C; [ 16 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection accredited the paternal grandmother as a foster family; [ 17 ] ORDERS that the frequency and modalities of contacts between the child and her parents be determined by the Director of Youth Protection; [ 18 ] ORDERS the parents, as they both agreed, to undergo random drug testing at the request of the Director of Youth Protection; [ 19 ] ORDERS that the parents not to be under the influence of any substances in the child’s presence; [ 20 ] AUTHORIZES the Director of Youth Protection to share and obtain information with all the professionals involved including staff at Bordeaux jail or at any jail where the father could be; [ 21 ] WITHDRAWS from the parents the exercise of the parental authority with regards to health issues and travel if the parents cannot be reached within 24 hour period; [ 22 ] ORDERS that the Director of Youth Protection to be granted with the exercise of the parental authority with regards to health issues and travel in that context; [ 23 ] STRONGLY RECOMMENDS that the parents continue to receive treatment for their drug consumption for as long as deemed necessary by the professionals involved; [ 24 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 25 ] THE WHOLE for a period on one year; [ 26 ] 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 June 19, 2017 /cd Mtre Edith Zavodni Counsel for the Director of Youth Protection Mtre Luce James Counsel for the child Mtre Younes Ameur Counsel for the mother Mtre Marc Morin Counsel for the father Date of hearing: May 23, 2017