2020 QCCQ 10141, 2020 QCCQ 10141

Protection de la jeunesse — 201467 2020 QCCQ 10141 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 640-41-002235-189 DATE: January 23, 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 [...], 2018. CHILD and A MOTHER and B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 a decision rendered on December 11, 2018, entrusting the child to a foster family until September 30, 2019, and ordering various assistance measures including a follow-up by Social Services for one year. [ 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 with the possibility of reintegration if the situation allows it and that it 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 the application. [ 5 ] She does not agree with the recommendations.

She wishes to have her child under her care as of today. [ 6 ] The father admits some of the facts, ignores others. He disagrees with the recommendations. He wants to be reintegrated into the plan and wants the child to be entrusted to the mother as of today. [ 7 ] The evidence reveals the following facts : [ 8 ] The child is one year and four months old. [ 9 ] She has been entrusted to a foster family in a specialized foster home for more than twelve months.

The Director’s goal is to stabilize the child and hopefully she can be stable with her mother in the long term. [ 10 ] The mother was able to refrain her alcohol consumption. She is in a violent conjugal relationship which is unstable. [ 11 ] The mother is working as a babysitter at the specialized foster home where the child is entrusted. She has daily contact with her child. [ 12 ] The child and the mother have sleepovers on the weekend.

Unfortunately, the mother has no safe place where she could take care of the child full-time. [ 13 ] The father wishes to be reintegrated into the Director’s and Social Service’s plan but the undersigned has explained to him that he should at least meet the Social Services and the Director. He has expressed that he will.

[ 14 ] The mother has good parental capacities: she can protect her child, but she has no place to go. Her environment is not supportive and may have a bad influence on her. [ 15 ] The father is not positive in the mother’s life. They are a couple, but they don’t live together. [ 16 ] The father consumes marijuana, he is not really involved in his daughter’s life and has not asked for help since the last court order even though he expressed at the hearing being ready to contact Social Services and the Director. [ 17 ] The child is still at a vulnerable age.

The Director has found a resource for the mother in order to allow her to live with her daughter in an environment where she can go to school; the child can attend daycare; and the mother could learn tools improve her parental capacities. [ 18 ] This resource is [Resource A]. The mother has signed all the document necessary to be assessed.

She should be integrated in a very short period of time. [ 19 ] The only issue that was raised at the hearing is the following: During the period the mother is waiting to be accepted at [Resource A], the Director recommends that the child stay at her current foster home where she has been entrusted for twelve months. [ 20 ] The mother wishes to bring her child to the house of Mrs. C.

The Director has not met this person and for a question of stability for the child, the Director considers that the child should stay in the same foster home. [ 21 ] Given the age of the child, the age of the mother who is still a teenager, given that the mother does not benefit from the support of her family, the Court concludes that the recommendation of the Director to entrust the child to a foster family is reasonable and the interest of the child that the reintegration into her mother’s care as soon as possible should be at the condition that the mother lives at [Resource A] and therefore the Court concludes that all the recommendations are in the best interest of the child given her age, her needs and her vulnerability.

THEREFORE, THE COURT: [ 22 ] DECLARES that the security and the development of the child are still in danger; MEASURES: [ 23 ] ORDERS that the child be entrusted to her current foster family and authorize her reintegration into her mother’s care as soon as possible at the condition that she lives at [Resource A]; [ 24 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection is willing to assess Mrs.

C’s home and authorizes that the child be entrusted to her mother if the environment and family of C reassure the Director Youth Protection; [ 25 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard and in their child’s regard to put an end to the situation of endangerment; [ 26 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 27 ] ORDERS that the parents remain without any violent behaviour in the presence of the child; [ 28 ] ORDERS that the contacts between the child and the parents, mother and father, be agreed upon amongst all parties, as for the modalities, the frequency and the degree of supervision, if necessary; [ 29 ] ORDERS that aid, counselling and assistance be provided to the child and her family; [ 30 ] THE WHOLE for a period of nine (9) months; [ 31 ] 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. Alexander Grey (en remplacement de Mtre. Angèle Tommasel) Yves Ménard avocats inc. Attorney for the child

Mtre. Laurence Migué Legal Aid Office – [Town B] Attorney for the mother Mtre. Geneviève Lucas Desmarais Desvignes Crespo s.e.n.c.r.l. – [Town A] Attorney for the father Date of hearing: January 23, 2020