2021 QCCQ 10900, 2021 QCCQ 10900

Protection de la jeunesse — 216101 2021 QCCQ 10900 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000941-192 DATE: June 8, 2021 ______________________________________________________________________ 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 June 8, 2021. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Peggy Warolin on March 17, 2020. [ 3 ] On May 7, 2021, the hearing had to be postponed as there was not enough time to proceed. [ 4 ] Today, the Director recommends that the child remain entrusted to a foster family and that support measures be ordered until March 30, 2022. [ 5 ] The parents are in agreement with the Director’s plan and are wishing for the child to be transferred to Mrs.

C as soon as possible. [ 6 ] The child’s attorney agrees with the Director’s current plan. With this plan, the Director finds the balance between the child’s cultural needs and the child’s needs for stability and attachment. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 8 ] The child has continued to thrive under the care of the foster family of Mrs. D and Mr. E. They reside in Town A. The child remains on a waiting list to receive a speech assessment.

His general health improved drastically. [ 9 ] The mother has not yet taken any steps to receive formal support for her alcohol consumption issues. She states wishing to start treatment at the Centre A in Town B. The next session should begin in September 2021. She has not maintained residential stability. She’s been staying with friends or family, between Town A, Town C and Town B. She has not maintained regular contact with the child.

[ 10 ] On September 4, 2020, the father was arrested for driving a garbage truck under the influence of alcohol. [ 11 ] The father continues to struggle financially. [ 12 ] The father took steps to start attending the online program at Centre B. The Youth Protection worker learned that this program was no longer available, but the worker will explore alternative with the father. [ 13 ] The child’s return to one of his parents is still not foreseen at the moment. The child has developed a strong attachment to his foster parents. They remain committed to care for the child for as long as needed.

They also understand the importance for the child to remain attached to his culture and community. [ 14 ] The maximum duration of placement set by the Youth Protection Act will expire on July 14, 2021. At this point, the Director is not yet able to present a long term plan for the child. Ms. C, the maternal aunt, is still considered as a potential candidate to become the child’s foster family. Although, her commitment is questioned as she missed scheduled visits with the child. Consequently, it is in the child’s best interest to render a shorter placement.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for extension; [ 16 ] DECLARES that the security or the development of the child is still endangered; [ 17 ] EXTENDS the order rendered by the Honourable Peggy Warolin on March 17, 2020; [ 18 ] ORDERS that the child be entrusted to a foster family; [ 19 ] ORDERS that the parents remain sober and refrain from any kind of violence in the child’s presence; [ 20 ] ORDERS that the child continues to receive specific health care and health services required; [ 21 ] ORDERS that the parents take an active

part in the application of any of measures ordered; [ 22 ] RECOMMENDS that the parents keep seeking formal help through Social Services or another resource deemed appropriate concerning their substance abuse, and personal issues; [ 23 ] AUTHORIZES the Director of Youth Protection to access information regarding the parents’ presence at appointments with professionals and their level of involvement with the services provided; [ 24 ] ORDERS that the contacts between the child and his parents be determined by the Director of Youth Protection in terms of the modalities, frequency and degree of supervision; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 26 ] THE WHOLE until March 30, 2022; [ 27 ] 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 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the child Mtre Nada Boumeftah Counsel for the mother Mtre Ève Laoun Counsel for the father Date of hearing: June 8, 2021