2020 QCCQ 10142, 2020 QCCQ 10142

Protection de la jeunesse — 201468 2020 QCCQ 10142 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 640-41-002254-180 DATE: January 24, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director Youth Protection A APPLICANT and X, born on [...], 2009 CHILD and A MOTHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act , C.Q.L.R., c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submitted an application for the extension of the decision rendered on January 30, 2019, entrusting the child to a foster family until January 31, 2020, and ordering various assistance measures including a follow-up by Social Services until the same date. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the child to a foster family until January 31, 2021, and to authorize the gradual reintegration of the child under the care of the mother if the situation allows it. It also recommends that the Court order several assistance measures including a follow-up by Social Services for the same period. [ 4 ] The mother admits most of the facts alleged in this application. She nuances some of them and contests the recommendations made by the Director. She wants the immediate return of the children under her care. [ 5 ] Mtre.

Laurence Migué, on behalf of the child X, admits some of the facts, ignores some of them and made some recommendations concerning the measures that should be ordered. [ 6 ] The evidence reveals that X is 11 years old. [ 7 ] Before the incarceration of the mother in March 2019, a progressive integration of the child with her foster family was made with the collaboration of the mother. [ 8 ] On March 13, 2019, the mother was incarcerated.

At the time, she did not recognize her alcohol consumption problem, but at the hearing, she admits being in a process to recognize it. [ 9 ] On June 7, 2019, the mother was released and incarcerated again on August 12, 2019. On September 20, 2019, the mother returned to her community after an absence of almost 2 months. [ 10 ] During the mother’s incarceration, contacts between the two siblings were organized. There is a strong bond between them. [ 11 ] The mother has good parental skills when she is sober, but she needs support. An educator is present to support her and should

continue to be involved to support the children and their mother. [ 12 ] The mother continues to struggle with her alcohol consumption issues. Her issues have caused her to be absent from her children’s lives as it can lead the mother to be incarcerated for an undetermined period of time. These periods of incarceration have an impact on her children. [ 13 ] However, the mother is collaborative with Social Services and the Director.

Her situation has improved with their support that should continue. [ 14 ] The mother accepts to be submitted to a psychological assessment which will be helpful for Social Services and the Director in their interventions with the mother and to understand her degree of comprehension. SITUATION OF THE CHILD: [ 15 ] X is a young girl who has a great bond with her mother. She’s developing positively in her foster home. Her lawyer expressed that she is happy with her foster mother. [ 16 ] She does not have any particular medical condition. [ 17 ] The child has a follow-up with Social Services every three weeks.

She doesn’t speak much and displays characteristics of an introvert personality. [ 18 ] The reintegration of the child to the mother’s care has already begun. [ 19 ] The complete reintegration of the child depends on the mother’s capacity to work on herself in order to be able to respond to the basic needs of the child: food, safety and clothing. Should the mother be detained again, the reintegration plan of the child could be compromised. [ 20 ] The child has the right to continuity of care, stable relationships and stable living conditions corresponding to her needs and age on a permanent basis.

Not only a right, but the child also deserves it.

THEREFORE, THE COURT: [ 21 ] GRANTS the application; [ 22 ] EXTENDS the decision that was rendered on January 22, 2019; [ 23 ] DECLARES the security and development of the child continue to be in danger; MEASURES: [ 24 ] ORDERS that the child be entrusted to her current foster family for a period of three months as of today and ORDERS that the reintegration that has already started continue in order for the child to be entrusted to her mother after three months; [ 25 ] ORDERS that the mother report periodically to the Director on the measures she applies in her own situation and in her child’s situation to put an end to the situation of endangerment; [ 26 ] ORDERS that the child and her mother take an active

part in the application of the measures ordered; [ 27 ] ORDERS that the parents report in person at regular intervals to the Director; [ 28 ] ORDERS that the child and her family receive the services of an external educator as of today and until the end of the duration of this order; [ 29 ] ORDERS that the mother remain sober in the presence of the child; [ 30 ] ORDERS that the mother refrain from any violent behaviour in the presence of the child; [ 31 ] ORDERS that the mother seek help through Social Services concerning alcohol, drugs, personal issues and mainly financial difficulties; [ 32 ] ORDERS that the contacts between the child and the mother be agreed upon by all parties; [ 33 ] ORDERS that aid, counselling and assistance be provided to the child and her family; [ 34 ] THE WHOLE until January 31, 2021; [ 35 ] ENTRUSTS the situation of the child to the Director of Youth Protection A who shall see that the measures are carried out.

Signed in [Town A] on March ……, 2020. ________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Cain Lamarre – [Town B] Attorney for the applicant Mtre. Laurence Migué Legal Aid Office – [Town B] Attorney for the children Mtre. Alexander Grey (en remplacement de Mtre. Angèle Tommasel) Yves Ménard avocats inc. Attorney for the mother Date of hearing: January 24, 2020