2023 QCCQ 8490, 2023 QCCQ 8490

Protection de la jeunesse — 232695 2023 QCCQ 8490 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000500-191 DATE : APRIL 5 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2008 Child And [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant and A Mother . JUDGMENT

Article 95 - Youth Protection Act [ 1 ]

JG1314 The Director of Youth Protection (Director) submits an application for a review of the decision rendered on September 10 th , 2021, entrusting the child to a foster home until his age of majority along with many supporting measures including aid, counselling and assistance to the child, his family and his foster mother until the age of majority. [ 2 ] The Director asks the Court to order that the child be entrusted to the foster home of B for a period of six months and to order several assistance measures including aid, counselling and assistance for the same period until October 5 th , 2023. [ 3 ] M e Massé on behalf of the youth agrees with the recommendations proposed. [ 4 ] The evidence reveals the following facts. [ 5 ] Since the last judgment the child remained in the same foster home, the foster home of C. [ 6 ] The foster mother passed away at the end of January 2023.

The child was very attached to the foster mother with whom he has lived for many years. During all those years, the son of the foster mother, B and his own children were living in the home with the child. He developed a strong relationship with B. After her passing away he remained there. [ 7 ] The child had to mourn his relationship with the foster mother. B applied to be a certified foster home and has been accredited. He wants to continue fostering the child who wants to remain with him, and he is doing well under his care. [ 8 ] The mother is inconsistent in her communication with the worker.

She does not ask for contacts directly to the worker. She communicated directly with the foster parents. She had a few contacts with the child over the years. [ 9 ] The mother’s situation remains the same. [ 10 ] [SOCIAL WORKER 1], Youth Protection worker analyses the situation in the following terms [2] X has continued to do well and has remained in the same foster home but with B since C's passing. He was given time to mourn his loss and had expressed early on that he wishes to remain the same home with B.

B has expressed his wishes to foster X and has completed the step needed to become a recognized foster home. X is doing well and continues to thrive. He is comfortable with B and his family. He occupies his own room. The youth has some contacts with his mother. The mother did express her intentions by saying if X would ever want to live with her again, she would be open to it. She says she enjoys spending time with her son. It is recommended the youth remain in the same home environment with the new foster parent, B.

The YP will establish a permanency life plan for X if the placement is going well in the next 6 months. [ 11 ] The goals and objectives of this plan are the following [3] : That the youth remain in a safe and structured environment in the foster home; That the youth continues his education. [ 12 ] Given that in the previous judgment the Court ordered a permanent plan for the child, that the situation of the mother remains basically the same, that the youth wishes to continue to live with B, his former foster mother’s son, that the goals of the measures is to assess how the youth adapt to his new situation, the consent of the youth, the Court concludes that these recommendations are in the interest of the youth.

THEREFORE, THE COURT : [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of X born on [...], 2008 are still endangered under

section 38 (

c) and ( e ) (1) of the Youth Protection Act ; [ 15 ] ORDERS that that the youth be entrusted to the foster home of B for a period of six months; [ 16 ] ORDERS that frequency and modalities of contacts between the youth and his mother be agreed among the parties and supervised by a third party if necessary, according to the youth’s wishes and his interest; [ 17 ] ORDERS that the contacts between the youth and his sisters be encouraged and favored;

[ 18 ] RECOMMENDS the mother to inform the Director of Youth Protection of any steps taken to address her situation, such as a treatment program and anger management; [ 19 ] ORDERS that the mother refrain from all forms of violence/or verbal aggression towards the youth; [ 20 ] ORDERS the mother to remain sober during visits with the youth; and ensure that youth is not exposed to any persons under the influence of alcohol and/or any form of violence; [ 21 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the youth and the youth’s family; [ 22 ] ORDERS that aid, counselling and assistance be provided to the youth and his mother for a period of six months ; [ 23 ] The whole until October 5 th , 2023 ; [ 24 ] 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 M e Marie-Josée Ayoub Attorney for the mother M e Yan Massé Advocate for the child Date of hearing : April 5 th , 2023 Last exhibit: D-11