2022 QCCQ 2891, 2022 QCCQ 2891

Protection de la jeunesse — 22125 2022 QCCQ 2891 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000704-210 DATE: January 25, 2022 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2008 Child -and- A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on July 7, 2021, in respect of the child in order for her to be entrusted to a foster family. [ 2 ] At the hearing, none of the parents are present, even if they have been duly notified. Regarding the child, she is represented by a lawyer acting under a legal mandate, considering her young age.

After reviewing all the evidence, he agrees to the measures proposed by the DYP. [ 3 ] Since the last measure ordered, the situation is slowly evolving. The mother does not always attend her follow-up with DYP due to transportation problems and the distance. However she is very motivated and collaborates with the youth delegate. [ 4 ] Unfortunately, the mother has more than once failed to comply with the court order by putting the child in the presence with known drug users. At this point, supervised visits are put in place to prevent this from happening again.

The mother meets with the community addictions worker on a weekly basis. She benefits from a follow-up with a mental wellness team leader, but misses many sessions. [ 5 ] Regarding the father, he participates in a regular follow-up with the DYP. He contributes financially to the child needs such as clothing and medication. He assists the foster family with her weekly routine. The foster family appreciates him very much and all the help he gives them.

The contact between the child and the father are going very well. [ 6 ] One of the downsides is the father’s positive drug test results, some of which indicated cocaine use [1] . Other tests came back only positive to marihuana [2] . The father is very honest about his consumption. The father shows up weekly for his drug test, despite the mother who only shows up once. However, surprise visits are made at the father and at no time, the safety of the child is at risk. In terms of his follow-ups with his counsellor [3] , the father is not very diligent.

He missed a lot of appointments leading to his case being closed. [ 7 ] The child is doing well and everything is going great at daycare. She benefits from visitations including occasional overnights with her parents as well as her grandparents. Currently, the foster family is able to provide the child with a safe environment. [ 8 ] The parents need to pursue their efforts to address their issues in order to regain custody of their daughter, if the situation allows it.

They must mobilize more than they have in the past months if they wish to change the current situation or else another plan will have to be considered for the young child.

[ 9 ] The evidence demonstrates that the security and development of the child are still in danger. Considering the evidence adduces, the application is well founded. Furthermore, the measures suggested by the DYP appear to be in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 10 ] GRANTS the application for revision and extension of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 12 ] REVISES AND EXTENDS the court order rendered on July 7, 2021; [ 13 ] ORDERS that the child be entrusted to a foster family, namely D, until July 31, 2022; [ 14 ] ORDERS that the contacts between the child and her mother be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 15 ] ORDERS that the contacts between the child and her father be determined according to an agreement between the parties; [ 16 ] RECOMMENDS that the parents submits themselves to random screening tests for drugs and/or alcohol; [ 17 ] RECOMMENDS the father to get involved in a follow-up related to his personal difficulties, particularly psychological and substance addictions follow-up, as long as deem necessary by the professionals involved; [ 18 ] ORDERS that the parents report to the DYP when required on the measures applied to themselves or their child to put an end to the situation that jeopardizes the child’s security or development; [ 19 ] ORDERS that the parents to be sober and not to consume in the presence of the child; [ 20 ] ORDERS that the parents actively participate in the application of the present measures; [ 21 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until July 31, 2022; [ 22 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on January 31, 2022.