2022 QCCQ 12417, 2022 QCCQ 12417

Protection de la jeunesse — 227370 2022 QCCQ 12417 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000418-196 DATE: November 24, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2019 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 November 24, 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 April 7, 2022. [ 3 ] Today, the Director recommends that the child be placed in a foster family and that support measures be ordered for a period of six months.

The Director also recommends that the Tribunal orders the child’s reintegration to the father’s care after three months. [ 4 ] The father and the child’s attorney agree with the Director’s plan. Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and analysis [ 6 ] The child has continued to thrive in the foster family of Mrs. C. He is placed with his brother Y. He regularly attends daycare and enjoy spending time with his grandparents. [ 7 ] The mother’s situation remained essentially the same.

Although she had planned to enter a treatment program, she did not attend. She has not collaborated with the Director. [ 8 ] The mother still struggles with alcohol and drug consumption. In August, she left for Town A and led a transient lifestyle. She appears now to be in Town B. She had sporadic contacts with the child but did not maintain any contact since August. [ 9 ] The father lives in Town C. He maintained his sessions with his psychologist and continued his healing path. He acknowledged that he still struggles with alcohol and drug consumption.

He applied to enter a treatment program. [ 10 ] On September 28, 2022, the Tribunal ordered the provisional placement of the child in a foster family. [ 11 ] At this point, neither parent can care for the child. Considering the father recent stability, more time is needed to clarify the long-term plan for the child. If the father continues his healing path, it is foreseeable that the child will be transferred to his care.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for revision; [ 13 ] DECLARES that the security or the development of the child is still endangered; [ 14 ] REVISES the order rendered on April 7, 2022 by the Honourable Lucie Godin; [ 15 ] ORDERS that the child be placed in foster family for a period of six months with integration to his father’s care after three months; [ 16 ] RECOMMENDS that the father continue with the aftercare plan and follow recommendations made by the professionals; [ 17 ] RECOMMENDS that the mother engage in an intense therapy for anger management; [ 18 ] RECOMMENDS that the mother be assessed by a psychiatrist or a psychologist; [ 19 ] RECOMMENDS that the mother complete a substance abuse treatment program and follow the recommendations; [ 20 ] ORDERS that the frequency and modalities of contacts between the child and his parents be determined by the Director of Youth Protection; [ 21 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the child and his family as to progress and attendance; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 23 ] THE WHOLE for a period of 6 months; [ 24 ] 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 January 6, 2023 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Justine Bergeron Counsel for the father Date of hearing: November 24, 2022