2019 QCCQ 11842, 2019 QCCQ 11842

Protection de la jeunesse — 191887 2019 QCCQ 11842 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000266-173 DATE : February 12, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 adolescent and A (deceased) 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 February 12, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucille Beauchemin on January 11, 2018. [ 3 ] On January 17, 2019, the Tribunal ordered the adolescent’s provisional compulsory foster care in a foster family.

Support measures were also ordered on a provisional basis. [ 4 ] Today, the Director recommends that the adolescent remain entrusted to a foster family and that support measures be ordered for a period of one year. [ 5 ] The father’s first choice would be that the adolescent be returned to his care immediately. Understanding that his son wishes to remain in a foster family at this point in time and that he still needs to work on some personal issues, he agrees with the Director’s plan. [ 6 ] The adolescent is also in agreement with the Director’s recommendations.

Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 8 ] The adolescent is thriving in his foster family of his paternal aunt C. In December 2018, his sister was transferred to his foster family. [ 9 ] The adolescent is doing well in school. [ 10 ] The mother passed away on December 1 st , 2018 in a fire in her apartment. The adolescent is deeply affected by this event.

[ 11 ] At the time of the last hearing, Justice Beauchemin described the parents’ situation as following: [17] They do not maintain regular contact with their children. They do not meet their educational needs. They are not focused on their needs. […] [ 12 ] The father has not taken sufficient steps to stabilize his personal situation. He still consumes drugs and alcohol on a regular basis. He recently took steps to seek professional help and to have his own apartment in City A. He is now more collaborative with the youth protection worker.

He wants to go for treatment but has not yet file the necessary documents. [ 13 ] At this point in time, it is too early to consider the adolescent’s reintegration to the father’s care. It is necessary for the Director to continue providing support to the father and ensuring that the adolescent lives in a safe and stable environment. [ 14 ] The Tribunal must be guided by the maximum duration of placement prescribed by the Youth Protection Act . The duration of placement recommended by the Director exceeds the legal parameters. On November 15, 2017, the adolescent was placed in a foster family.

Consequently, the order should not exceed November 15, 2019.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision; [ 16 ] DECLARES that the security or the development of the adolescent is still endangered; [ 17 ] REVISES the order rendered on January 11, 2018; [ 18 ] ORDERS that the adolescent remain placed in a foster family; [ 19 ] RECOMMENDS that the father complete a substance abuse treatment program and follow the recommendations made; [ 20 ] ORDERS that the frequency and modalities of contacts between the adolescent and the father be determined by the Director of Youth Protection; [ 21 ] ORDERS that the father remain sober during contacts with the adolescent; [ 22 ] RECOMMENDS that the adolescent receive counselling for grief; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 24 ] THE WHOLE until November 15, 2019; [ 25 ] 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 February 25, 2019 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the adolescent Mtre Michel Grenier Counsel for the father Date of hearing: February 12, 2019