2019 QCCQ 15294, 2019 QCCQ 15294

Protection de la jeunesse — 1910639 2019 QCCQ 15294 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-034422-188 DATE: November 25, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2018 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 November 25, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered on June 20, 2019. [ 3 ] Today, the Director recommends that the child remain entrusted to the foster home of Ms. C and Mr. D. The Director also recommends that diverse support measures be ordered until the child’s age of majority. [ 4 ] The mother is asking that her daughter’s placement be extended until June 2020.

She does not agree with the withdrawal of the exercise of attributes of her parental authority. [ 5 ] The father received notification of the application but is absent. [ 6 ] The child’s attorney is agreeing with the Director’s plan. Questions in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting her rights? [ 8 ] Should the Tribunal extend the maximum duration of placement? [ 9 ] Is it necessary to withdraw from the parents the exercise of attributes of parental authority? Context and Analysis [ 10 ] The child adapted well to the foster home of Ms. C and Mr. D.

She is thriving in their care and is developing a healthy attachment.

[ 11 ] In terms of the child’s health, her left eye aneurysm and her left leg reflexes are to be monitored. She has an appointment with an orthopedic surgeon and with a speech therapist. [ 12 ] It has been difficult for the Youth Protection worker to reach the parents. Their collaboration is minimal.

The only contact initiated by the mother was a phone message left to the Youth Protection worker on November 7, 2019. [ 13 ] As the parents did not meet with the Youth Protection worker, their contacts with the child remained suspended. [ 14 ] To the Director’s knowledge, the parents have not taken any steps to stabilize their personal situations. The Director’s expectations for the parents were clear. [ 15 ] During her testimony, the mother reported that since September 2019, she lives in City A. She babysit for a family and lives upstairs in their house. She is not currently involved in a relationship.

She reported being drug free since June or July 2019 for marijuana and since March 2019 for cocaine. She received the support from the organisation called [organisation A]. She recognized that she neglected to contact her Youth Protection worker. As she does not have a working phone, it was difficult to reach her. She plans to buy a new phone this week.

As she did not communicate with the Director, it was impossible for the Youth Protection worker to verify what is reported by the mother today. [ 16 ] The child’s maximum duration of placement set in the Youth Protection Act , has been reached on September 13, 2019. No exception applies in this situation. The child’s return to the mother’s care is certainly not foreseeable in a short term as she has not seen her mother for many months. [ 17 ] Ms. C and Mr. D remain available to care for the child on a long term basis.

As historically it has been impossible to reach the parents, it is necessary to grant them with the exercise of attributes of parental authority regarding the child. THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application for revision and extension; [ 19 ] DECLARES that the security or the development of the child is still endangered; [ 20 ] REVISES and EXTENDS the order rendered on June 20, 2019; [ 21 ] ORDERS that the child remain entrusted to the foster home of Ms. C and Mr.

D; [ 22 ] ORDERS that the contacts between the child and her parents be suspended until they meet with the case worker for five consecutive meetings, and once these conditions have been fulfilled, ORDERS that the frequency and modalities of contacts between the child and her parents be determined by the Director of Youth Protection, including supervision for as long as necessary; [ 23 ] WITHDRAWS from the parents the exercise of attributes of parental authority pertaining to medical, educational, therapeutic, leisure and travel purposes (including obtaining a passport), obtaining a social insurance number and driving license and GRANTS the exercise of these attributes to Ms.

C and Mr.

D; [ 24 ] RECOMMENDS that the parents take steps to address their personal issues (mental health, emotional regulation, anger management, drug/alcohol addiction) and report their progress to the Director of Youth Protection; [ 25 ] AUTHORIZES the Director of Youth Protection to receive pertinent information with treating professionals working with the family; [ 26 ] ORDERS that the child receive caring services that are required by her situation including that she be followed by an orthopedic surgeon and that she meet with a speech therapist; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 28 ] THE WHOLE until the child’s age of majority ([...], 2036); [ 29 ] 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 December 9, 2019 /cd Mtre Dominique Douglas Counsel for the Director of Youth Protection Mtre Michelle Robidoux Counsel for the child Mtre Josselin Breton Counsel for the mother Date of hearing: November 25, 2019