2022 QCCQ 13945, 2022 QCCQ 13945

Protection de la jeunesse — 224829 2022 QCCQ 13945 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 635-41- 000819-174 DATE: January 20, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2011 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 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 January 20, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered by the Honourable Lucille Beauchemin on June 11, 2020. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered until July 31, 2022. [ 4 ] The child’s attorney agrees with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 6 ] The child has continued to thrive under her grandmother’s care. The grandmother has offered the child with a stable and secure environment; free of issues linked to alcohol consumption and violence. [ 7 ] The child is attending school on a regular basis, in grade 5. [ 8 ] The child enjoyed living with her grandmother and understood that her parents could not provide her with a safe environment. Lately, the child expressed wanting to live with her older sister Ms. C.

Ms. C is recognized as a foster family. [ 9 ] The child visits her parents on a regular basis. The grandmother ensured that the parents were sober during the visits. The child also visited with her siblings at Ms. C’s place. [ 10 ] The maternal grandmother has advised the Director that, as she is 68 years of age, she does not believe that she can continue to

provide care for the child. Since mid-November, the Director proceeded with a progressive integration of the child to her older sister’s foster family. [ 11 ] The parents still struggle with alcohol consumption issues. The mother sought support from Social Services but still has difficulties maintaining her sobriety. The father did not seek formal support from Social Services. He did not complete his treatment program in 2019. [ 12 ] The parents’ relationship has continued to fluctuate (on and off). [ 13 ] Since the last Court order, there has not been any police involvement with the parents.

The mother reports that, whenever the father consumes alcohol, she goes to her mother-in-law and stays there. The father admitted to have continued to consume alcohol. [ 14 ] The parents’ collaboration with the Youth Protection worker has been inconsistent. [ 15 ] The maximum duration of placement set by the Youth Protection Act , has been reached for the child since October 4, 2020. As the child just transferred to her sister’s foster family, the Director is not yet presenting a permanent plan for the child.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for revision and extension; [ 17 ] DECLARES that the security or the development of the child is still endangered; [ 18 ] REVISES and EXTENDS the order rendered by the Honourable Lucille Beauchemin on June 11, 2020; [ 19 ] ORDERS that the child be entrusted to a foster family; [ 20 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court and fully collaborate with the Director of Youth Protection; [ 21 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 22 ] ORDERS that the parents remain sober in the presence of the child; [ 23 ] ORDERS that the father refrain from any kind of violence in the presence of the child; [ 24 ] RECOMMENDS that the parents seek formal help through the Social Services or another resource deemed appropriate concerning their substances abuse, relationship issues and anger management for the father; [ 25 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parent’s presence at appointments with professionals and their level of involvement with the services provided; [ 26 ] ORDERS that the frequency, the modalities and degree of supervision of contacts between the child and the parents be determined by the Director of Youth Protection; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 28 ] THE WHOLE until July 31, 2022; [ 29 ] 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 27, 2022 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Gabrielle Francoeur Counsel for the child Date of hearing: January 20, 2022