2020 QCCQ 13848, 2020 QCCQ 13848

Protection de la jeunesse — 202103 2020 QCCQ 13848 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] “Youth Division” No: 635-41- 000758-174 DATE: January 30, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2006 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 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 January 30, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Denise Descôteaux on May 13, 2019. [ 3 ] Today, the Director recommends that the child remain entrusted to a foster family and that diverse support measures be ordered until June 12, 2020. [ 4 ] The mother submits that the file should be closed as the child’s security or development is not endangered anymore.

In the event the Tribunal decided to keep the file open, the mother wishes to resume the child’s care immediately or to proceed with a rapid reintegration. [ 5 ] The child wishes to go live with her mother right now. She would love to live in the North. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] On May 30, 2019, following the end of her school year, the child integrated the foster family of Mrs. C in Town A. At the time, her sister Y resided in this foster family.

The child’s behaviours deteriorated rapidly (smoking cigarette and marijuana, not respecting her rules and curfew, not keeping her foster mother aware of her whereabouts, associating herself with negative peers). [ 8 ] On August 12, 2019, the child was transferred to the foster family of Mrs D and Mr. E in Town B. She has been doing better in this environment. On December 21, 2019, her sister Y eventually joined her. The child developed a positive relationship with her foster parents. They reported being committed to care for her for as long as needed.

[ 9 ] The child is receiving support in school from a psychologist and social worker. She is attending school regularly. [ 10 ] The mother still struggles with alcohol consumption issues. [ 11 ] In May 2019, the police received information to the effect that Mr.

F, the mother’s ex-partner, had made threats to kill the mother and counseled her to kill herself. [ 12 ] On June 8, 2019, the Youth Protection worker observed that the mother was heavily intoxicated. [ 13 ] The mother has continued to present with suicidal ideations. [ 14 ] On July 31, 2019, the mother was hospitalized under preventive confinement and was saying that she wanted to end her life. [ 15 ] On August 7, 2019, the mother called the Youth Protection worker, mentioning that she was suicidal.

She was also intoxicated by alcohol. [ 16 ] On August 19, 2019, the mother entered Portage, but left on October 25, 2019, without completing the program. During her testimony, the mother explained that she left as she was told her youngest child was going to be placed. It was too much for her. [ 17 ] The mother reported that she maintained her sobriety, although she was not abstinent. She consumed nine beers on one occasion in November 2019 and the same quantity of beers on December 30, 2019. [ 18 ] During her testimony, the mother mentioned the following: “ I’m tired of being alone. I’m going to be patient.

We’re going to be a family ”. [ 19 ] To permit an immediate reintegration of the child would meet the mother’s need of not being alone in her house, but not the child’s. Since her departure from Portage, the mother took many steps to stabilize her situation. She now has part-time employment as an attendant with Center A. She maintained contact with Portage workers. She undertook counselling with Tom Caplan and continues her follow-up with Dr. Rima Orenman, psychiatrist.

She can also count on support of friends and neighbours. [ 20 ] The mother’s collaboration with the Director and her respect of the Court order conditions fluctuate with time. She is not always respecting the Director’s directives. As an example, during Y’s visit with her, she presented herself to the airport without authorization, even if she knew that the visit had to be supervised.

The mother took this decision as she was not satisfied with the duration of the scheduled visit. [ 21 ] During some of her visits with the child, the mother has been making negative and disparaging comments towards the foster parents, which affects the child. [ 22 ] The mother has to maintain her gains and respect the Director’s directives. She needs to actively collaborate and be transparent with the Director. [ 23 ] The maximum duration of placement for the child has been reached almost a year ago.

The Director is not yet ready to present a permanent plan to the Tribunal as the child has been placed in this environment for less than six months. It will be important for the Tribunal to reassess the situation of the family in a few months. [ 24 ] The father is not involved in the child’s situation. He has not collaborated with the Youth Protection worker.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 25 ] GRANTS the application for revision; [ 26 ] DECLARES that the security or the development of the child is still endangered; [ 27 ] REVISES the order rendered on May 13, 2019; [ 28 ] ORDERS that the child remain entrusted to a foster family; [ 29 ] TAKES JUDICIAL NOTICE that the Child and Youth Protection Centre has chosen that the child be entrusted in the foster family of Mrs. D and Mr.

E; [ 30 ] ORDERS that the child attend school on a regular basis; [ 31 ] ORDERS that the child receive specific health care and health services, notably that she continue her follow-up with the psychologist and social worker from the school; [ 32 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered and fully collaborate with the Director of Youth Protection; [ 33 ] ORDERS that the child and the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 34 ] ORDERS that the mother remain sober in the presence of the child;

[ 35 ] ORDERS that the mother refrain from any kind of violence in the presence of the child; [ 36 ] RECOMMENDS that the mother continue to seek help through the Social Services or another resource deem appropriate concerning her personal issues, her mental health and emotional dependency; [ 37 ] RECOMMENDS that the mother participate in aftercare program in order to maintain her sobriety; [ 38 ] AUTHORIZES the Director of Youth Protection to access the information regarding the child and the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 39 ] ORDERS that the contacts between the child and her parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 40 ] ENCOURAGES the contacts between the child and her mother; [ 41 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 42 ] THE WHOLE until June 12, 2020; [ 43 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 44 ] ORDERS the execution of the present order by any peace officer. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 13, 2020 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Nada Boumeftah Counsel for the child Mtre Isabelle Martineau Counsel for the mother Date of hearing: January 30, 2020