2022 QCCQ 13889, 2022 QCCQ 13889

Protection de la jeunesse — 224784 2022 QCCQ 13889 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No : 614-41-000442-196 DATE : May 25, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2013 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 9.2, 9.3 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 May 25, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucie Godin on November 29, 2021. [ 3 ] Today, the Director recommends that the child be placed in a foster family for a period of six months and that diverse support measures be ordered for a period of one year. [ 4 ] The mother agreed with the Director’s plan. [ 5 ] The father was duly notified but was absent. [ 6 ] The child’s attorney agreed with the Director’s plan, but proposed a six month duration for the social follow-up.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 8 ] On February 16, 2022, following an altercation between the mother and the foster mother, the child and his sibling had to be transferred to a new foster family. [ 9 ] The child adapted well to the environment of the new foster family. [ 10 ] The child has been attending school regularly. [ 11 ] Since March 2022, the Director did not receive any report regarding the mother alcohol consumption. As of March 21, 2022,

she started attending the rehabilitation program at the [Center A] in Town A. On April 28, 2022, the mother completed her six week treatment program. [ 12 ] The mother maintained regular contacts with the child. [ 13 ] The father has remained minimally involved in the child’s life. He did not contact the Youth Protection worker to organize visits. [ 14 ] Due to her longstanding issues with alcohol and drug consumption, the Director is of the opinion that, despite the mother’s efforts, she is not yet ready to resume her parental responsibilities and assume the child’s care.

At this point, the mother is not yet employed and she just started her relapse prevention follow-up. [ 15 ] Y confided in her attorney that during a visit with her mother, an adult slept in her home. She did not feel comfortable as the adult had been drinking. This situation will be review with the mother by the Youth Protection worker. [ 16 ] The child’s maximum duration of placement has been reached on June 13, 2021. The mother’s sobriety is still recent and her personal situation remains fragile.

It is in the child’s best interest to extend the placement period past the maximum duration of placement and to provide time for the mother to continue to stabilize her situation. The Court will have to review the child’s situation in six months. [ 17 ] At this point, the Youth Protection worker is of the opinion that the child’s reintegration will be in his interest in three months, if the mother remains sober.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for revision; [ 19 ] DECLARES that the security or the development of the child is still endangered; [ 20 ] REVISES the order rendered on November 29, 2021 by the Honourable Lucie Godin; [ 21 ] ORDERS that the child be entrusted to foster care for six months with integration to the mother's care within 3 months on the conditions that she remain sober and that she not expose the child to anyone under the influence of drugs and/or alcohol; [ 22 ] ORDERS that the child attend school regularly; [ 23 ] ORDERS the Director of the Youth Protection to determine the frequency and modality of contact between the child and the parents; [ 24 ] ORDERS that the mother continue to take

part in an aftercare plan; [ 25 ] ORDERS the mother to ensure that the child is not exposed to anyone under the influence of drugs and/or alcohol; [ 26 ] RECOMMEND S that the mother participate in resources to support her sobriety and parenting; [ 27 ] ORDERS that the Director of Youth Protection obtain information with the service providers working with the mother and the child regarding progress and attendance; [ 28 ] ASKS the Director of Youth Protection to prepare a permanent life plan for the child; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 30 ] THE WHOLE for a period of six months; [ 31 ] ENTRUSTS the situation of X to the Director of Youth Protection of Board of Health and Social Services A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on July 5, 2022 /cd Mtre Magdalena Lempicka Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Justine Bergeron Counsel for the mother Date of hearing: May 25, 2022