2020 QCCQ 13537, 2020 QCCQ 13537

Protection de la jeunesse — 202071 2020 QCCQ 13537 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-033044-173 DATE: February 4, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2017 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 February 4, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered on March 11, 2019. [ 3 ] Mr. B has taken steps to be recognized as the child’s father. [ 4 ] Today, the Director recommends that the child be entrusted to the mother’s care and that support measures be ordered for a period of one year. [ 5 ] The parents and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The child has continued to thrive in his mother’s care. He attends daycare. [ 8 ] In March 2019, an educator was reassigned to work with the family. [ 9 ] On June 21, 2019, the father was released from Archambault Correctional facility. He then resided in a half-way house, before finding his own apartment. The father also found employment. [ 10 ] The father has been participating in an outpatient program at Foster’s Pavilion.

Monthly random drug tests came back negative. [ 11 ] In September 2019, the child had his first supervised visit with the father since his release. The visit was positive. Since, bi-

weekly supervised visits have been organized. [ 12 ] The father actively collaborated with the educator and the Youth Protection worker. [ 13 ] The mother was residing in a semi-supervised apartment associated with Portage. Since September 2019, she resides in her own apartment. [ 14 ] The mother actively collaborated with the educator and the Youth Protection worker.

She continues to receive therapeutic support from CAVAC and other professionals. [ 15 ] The mother organized regular activities for the child. [ 16 ] On October 20, 2019, the mother informed the Youth Protection worker that she had relapsed the previous weekend, while the child was not in her care. She was readmitted to the Portage in-patient program. As there was room at Portage for the child and his sister, their return to the mother’s care was authorized. [ 17 ] On November 1, 2019, the father seized the Court in order for the child to be entrusted to the paternal grandmother’s care.

On November 13, 2019, the father withdrew his application. [ 18 ] On November 18, 2019, as she stabilized her situation, the mother was permitted to exit the Portage Program. She has been attending a post-cure program. [ 19 ] The mother is also working on developing her parenting skills while participating in the Care Program. [ 20 ] Continued intervention from the Director remains necessary to support the parents.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application for revision and extension; [ 22 ] REVISES and EXTENDS the order rendered on March 11, 2019; [ 23 ] DECLARES that the security or the development of the child is still endangered; [ 24 ] ORDERS that the child be entrusted to the care of his mother; [ 25 ] ORDERS that the frequency and modalities of contacts between the child and his father be determined by the Director of Youth Protection, including supervision as long as deemed necessary; [ 26 ] ORDERS that the parents not be under the influence of any substance when in the child’s presence; [ 27 ] TAKES JUDICIAL NOTICE that the parents agree to undergo random drug testing and consequently, ORDERS the parents to undergo random drug testing at the request of the Director of Youth Protection; [ 28 ] WITHDRAWS from the father the exercise of the attributes of parental authority with regards to health issues and travel if he cannot be reached within 24 hours and GRANTS this exercise of this authority solely to the mother; [ 29 ] RECOMMENDS that the parents continue to receive treatment for their substance abuse, for as long as deemed necessary by the treating professionals; [ 30 ] RECOMMENDS that the mother continue to receive services for her personal issues; [ 31 ] RECOMMENDS that the father receive services for perpetrators of conjugal violence; [ 32 ] AUTHORIZES the Director of Youth Protection to obtain information with all the professionals involved as for their attendance and motivation; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 34 ] THE WHOLE for a period of one year; [ 35 ] 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.

Written and signed on February 25, 2020 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Mylène Saad

Counsel for the child Mtre Younes Ameur Counsel for the mother Mtre Marc Morin Counsel for the father Date of hearing: February 4, 2020