2019 QCCQ 11461, 2019 QCCQ 11461

Protection de la jeunesse — 191864 2019 QCCQ 11461 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-033044-173 DATE : March 11, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2017 child and A mother ______________________________________________________________________ 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 March 11, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered on December 15, 2017. [ 3 ] On November 22, 2018, the Tribunal maintained, on a provisional basis, the status quo, until the main hearing. [ 4 ] Today, the Director recommends that the child be entrusted to the mother’s care and that support measures be provided to the family for a period of nine months. [ 5 ] The mother 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 ] While incarcerated, Mr. B, the mother’s ex-partner and the child’s putative father has participated in therapeutic services. He reports that he maintained his sobriety. His release from prison is scheduled for June 2019. [ 8 ] Although, Mr. Bn is not recognized as the child’s father, the mother gave the youth protection worker permission to relay information about the child to him. He receives bi-weekly updates trough a telephone conversation with the worker.

He took the administrative steps to have his paternity recognized but the new birth certificate is not yet available. [ 9 ] In April 2018, the mother graduated from the [Center A] mother/infant Program. She has since resided in a semi-supervised apartment with the child. For the coming year, it is possible that she will transition to an independent living situation. All requested random drug testing have come back as negative. The mother admitted drinking alcohol on one occasion, while the child was not under her care. This is a slippery slope and she knows it.

[ 10 ] The child developed a healthy attachment to his mother, who has been able to tend to his different needs. He is thriving in his mother’s care. The child transitioned well from the daycare in [Center A] to the daycare in the community. [ 11 ] The mother returned to school. She is receiving services to address her personal issues. [ 12 ] Up until December 18, 2018, the mother received the ongoing support from Ms. [Social Worker 1], educator. At that point, the Director felt that this specific support was no longer necessary. [ 13 ] The child’s half-sister visits with the mother on a regular basis.

These visits are described as positive and now includes sleepovers. The child also visits with his putative grandparents on a regular basis. [ 14 ] The mother had to deal with multiple health issues. She has been treated for depression. She also exhibited symptoms such as insomnia and fainting. This is now under control. [ 15 ] The mother recognized that, on her own, it is difficult to care on a full-time basis for the child and his half-sister. In October 2018, the mother was asking that the child’s sister be entrusted to her paternal grandmother until her age of majority.

She now wants to care for her, in the coming year. [ 16 ] The Director’s intervention remains necessary to support the mother in maintaining her sobriety and other gains.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for extension; [ 18 ] DECLARES that the security or the development of the child is still in danger; [ 19 ] EXTENDS the order rendered on December 15, 2017; [ 20 ] ORDERS that the child be entrusted to the care of his mother; [ 21 ] ORDERS that the mother not be under the influence of any substances in the child’s presence; [ 22 ] TAKE JUDICIAL NOTICE of the mother’s agreement to undergo random drug testing at the request of the Director of Youth Protection and consequently, ORDERS the mother to undergo such test; [ 23 ] RECOMMENDS that the mother continue to receive treatment for substance abuse for as long as deemed necessary by her treating professionals; [ 24 ] RECOMMENDS that the mother receive services for victims of conjugal violence; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 26 ] THE WHOLE for a period of nine months; [ 27 ] 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 March 21, 2019 /cd Mtre François Marchand Counsel for the Director of Youth Protection Mtre Luce James Counsel for the child Mtre Younes Ameur Counsel for the mother Date of hearing: March 11, 2019