2019 QCCQ 11844, 2019 QCCQ 11844

Protection de la jeunesse — 191889 2019 QCCQ 11844 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 614-41-000280-182 DATE : February 12, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2017 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 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 February 21, 2018. [ 3 ] Today, the Director recommends that support measures be ordered for a period of six months. [ 4 ] The parents and the child’s attorney are in agreement 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 been doing well in her foster family. [ 7 ] In her last judgement, Justice Beauchemin was very clear with the parents: [19] The child cannot be put on hold indefinitely, waiting for adequate parents who care for her. The parents have to demonstrate rapidly that they are taking steps to treat their major issues. They have to seek help with their alcohol issues.

The child has the right to continuity of care, stable relationships and stable living conditions corresponding to her needs and age on a permanent basis. [ 8 ] The parents heard the message. [ 9 ] The parents completed a six week rehabilitation treatment program and maintained their sobriety in the child’s presence. They actively collaborated with the youth protection worker.

[ 10 ] In November 2018, the child reintegrated the parents’ care. The child is doing well. The parents are open to suggestions by the youth protection worker and are working hard on providing a stable environment for the child and ensuring this reintegration is successful. [ 11 ] Due to the ongoing nature of the parents’ issues, the Director’s intervention remain necessary in order to support them. The Director also needs to ensure that the child lives in a safe environment and that the parents maintain and solidify their gains.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for revision; [ 13 ] DECLARES that the security or the development of the child is still endangered; [ 14 ] REVISES the order rendered on February 21, 2018; [ 15 ] ENTRUSTS the child to the care of the parents; [ 16 ] ORDERS that the parents remain sober in the presence of the child at all times; [ 17 ] ORDERS that the parents refrain from exposure of any person intoxicated to any substance in the presence of the child; [ 18 ] RECOMMENDS that the parents participate in parental workshops to further their knowledge of the child’s development; [ 19 ] ORDERS that the parents continue to collaborate with the Director of Youth Protection, meeting at regular intervals and informing of their current situation; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 21 ] THE WHOLE for a period of six months; [ 22 ] 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 child Mtre Michel Grenier Counsel for the parents Date of hearing: February 12, 2019