2019 QCCQ 11840, 2019 QCCQ 11840

Protection de la jeunesse — 191885 2019 QCCQ 11840 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000264-178 DATE : February 12, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2007 child and A (deceased) 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 12, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucille Beauchemin on January 11, 2018. [ 3 ] On January 17, 2019, the Tribunal ordered the child’s provisional compulsory foster care in a foster family.

Support measures were also ordered on a provisional basis. [ 4 ] Today, the Director recommends that the child remain entrusted to a foster family and that support measures be ordered for a period of one year. [ 5 ] The father’s first choice would be that the child be returned to his care immediately. Understanding that his daughter wishes to remain in a foster family at this point in time and that he still needs to work on some personal issues, he agrees with the Director’s plan. [ 6 ] The child is also in agreement with the Director’s recommendations.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 8 ] The child is thriving in her foster family. In December 2018, she was transferred to the foster family of her paternal aunt C, where her brother Y resides. [ 9 ] The child is doing well in school. [ 10 ] The mother passed away on December 1 st , 2018 in a fire in her apartment. The child is deeply affected by this event.

[ 11 ] At the time of the last hearing, Justice Beauchemin described the parents’ situation as following: [17] They do not maintain regular contact with their children. They do not meet their educational needs. They are not focused on their needs. […] [ 12 ] The father has not taken sufficient steps to stabilize his personal situation. He still consumes drugs and alcohol on a regular basis. He recently took steps to seek professional help and to have his own apartment in City A. He is now more collaborative with the youth protection worker.

He wants to go for treatment but has not yet file the necessary documents. [ 13 ] At this point in time, it is too early to consider the child’s reintegration to the father’s care. It is necessary for the Director to continue providing support to the father and ensuring that the child lives in a safe and stable environment. [ 14 ] The Tribunal must be guided by the maximum duration of placement prescribed by the Youth Protection Act . The duration of placement recommended by the Director exceeds the legal parameters. On November 15, 2017, the child was placed in a foster family.

Consequently, the order should not exceed November 15, 2019.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision; [ 16 ] DECLARES that the security or the development of the child is still endangered; [ 17 ] REVISES the order rendered on January 11, 2018; [ 18 ] ORDERS that the child remain placed in a foster family; [ 19 ] RECOMMENDS that the father complete a substance abuse treatment program and follow the recommendations made; [ 20 ] ORDERS that the frequency and modalities of contacts between the child and the father be determined by the Director of Youth Protection; [ 21 ] ORDERS that the father remain sober during contacts with the child; [ 22 ] RECOMMENDS that the child receive counselling for grief; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 24 ] THE WHOLE until November 15, 2019; [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on February 25, 2019 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent Mtre Michel Grenier Counsel for the father Date of hearing: February 12, 2019