2021 QCCQ 9226, 2021 QCCQ 9226

Protection de la jeunesse — 215353 2021 QCCQ 9226 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

N° : 145-41-000673-209 DATE : August, 4 th , 2021 Oral judgment BY THE HONOURABLE ANDRÉE ST-PIERRE, JCQ In the situation of: X Born on [...], 2009 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection, of the Centre intégré de santé et de services sociaux A, Applicant - and - A Mother - and - B Father JUDGMENT ON APPLICATION FOR REVISION AND EXTENSION OF ORDER WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.) [ 1 ] The Director of Youth Protection (DYP) asks the Court to revise and extend the Court order dated March 08, 2021 entrusting X to a foster family and asks that he gradually return with his mother. [ 2 ] The mother and the child agree with the proceedings and the recommendations. The father has not been served with the proceedings. The mother knows he lives in Maine USA but he has not have any contact with his son since he was 3 months old.

FAMILY SITUATION [ 3 ] The parents have one child together. [ 4 ] The mother has 3 children born after who are now 8, 6 and 4 years old. Those children are currently in the foster care of their paternal grandmother. [ 5 ] DYP has been involved in the child’s situation since 2020. He lived with his maternal grandmother from 2011 to 2020, when she broke up with her spouse and left the child with him.

The child has a very close bond with his maternal grandmother’s ex-spouse as he views him as a father figure. [ 6 ] The mother having a drug addiction and being very unstable, the child was entrusted to a foster family on October 8 th , 2020. [ 7 ] On November 26 th , 2020, Justice Celestina Almeida, CQ, ordered that the child be entrusted to a foster family and authorized that the child benefit from a progressive integration with his mother starting March 1 st , 2021.

ENDANGER [ 8 ] The mother made important changes in her life such as submitting herself to random drug screening test and participating in counselling sessions in order to work on her addiction problems among other things.

[ 9 ] The mother resided in a house offered by “Jordan’s principle” for 2 months. The house being needed for tourists, she moved at her youngest children paternal grandmother’s house at the beginning of June 2021. Housing is a big issue for her: there is no place available on the Community. It could take 2 to 3 years before she gets a house there so she is looking to find an apartment outside of the Community. [ 10 ] The mother is on a Methadone program. She produces urine drug tests regularly which are only positive to methadone. [ 11 ] The mother has a follow up with [Social Worker 2].

She is cooperative during the sessions and attended 16 sessions on a total of 25 possible from April 2020 to April 2021. She only missed one between October 2020 and April 2021. [ 12 ] The security and development of the child are considered to be in danger according to

Section 38 b) 1 iii of the Youth Protection Act. MEASURES [ 13 ] The child and his mother have contacts whenever they want. They live very close to each other. The foster parent welcomes the mother even to prepare meals of for the night. They see how happy the child is to see his mother. [ 14 ] The mother is able to take care of her 4 children all together. She gives each of them equal attention. She now has to resolve her housing problem before her child can return with her. The child has a close bond with his mother, he likes to spend time with her. [ 15 ] The measures sought for are in the child’s interest.

FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for revision and extension; [ 17 ] DECLARES that the security and development of X are still considered to be in danger; [ 18 ] ENTRUSTS the child to a foster family designated by the Director of Youth Protection; [ 19 ] ORDERS the progressive integration of the child with his mother on December 28 th , 2021, if the situation allows it and if she has her own place to stay; [ 20 ] ORDERS that the contacts between the child and his mother be determined according to an agreement between the parties; [ 21 ] ORDERS that contacts between the child and his grandmother, C, be determined according to an agreement between the parties and that they be supervised, as long as deemed necessary by the Director of Youth Protection; [ 22 ] RECOMMENDS that the mother continues to involve herself in follow-up for her personal issues and her addiction problems as long as deemed necessary by the professionals involved; [ 23 ] RECOMMENDS that the mother submits herself to random drug screening tests; [ 24 ] ORDERS that the mother reports periodically to the Director on the measures she applies to put an end to the situation in which the security or development of the child is in danger; [ 25 ] ORDERS to the mother to actively participate in the application of the measures ordered; [ 26 ] ORDERS that a person working for DYP provides aid, counsel and assistance to the child and her family; [ 27 ] ENTRUSTS the situation of X to the Director of Youth Protection for the carrying out of the present measures, until February, 28 th , 2022.

Signed on August, 24 th , 2021 ANDRÉE ST-PIERRE, J.C.Q. Me Mylène Pelletier-Rivet contentieux cisss A Lawyer for the Director of Youth Protection Me Ariane Cayer

cavanagh & lacroix, avocats Lawyer for the child Me Isabelle Gagnon gagnon claveau, avocats Lawyer for the mother Hearing dates: August, 4 th , 2021