2021 QCCQ 10897, 2021 QCCQ 10897

Protection de la jeunesse — 216098 2021 QCCQ 10897 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000834-173 DATE: June 7, 2021 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2008 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 7, 2021. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered by the Honourable Lucille Beauchemin on November 26, 2020. [ 3 ] On April 9, 2021, the Tribunal ordered the provisional compulsory foster care of the child in a foster family. [ 4 ] Today, the Director recommends that the child be entrusted to a foster family and that diverse measures be ordered until June 30, 2022. [ 5 ] The mother and the child agree with the Director’s plan.

The child is happy to be back in her community. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] As it was planned and ordered on November 30, 2020, the child was entrusted to her sister’s care in Town A. [ 8 ] On January 18, 2021, the child’s situation was reported to the Director. It was alleged that the child was exposed to conjugal violence between her sister, Ms. C and her partner. Ms. C reported that she only had a verbal argument with her partner. [ 9 ] In February 2021, the Director was informed that Ms.

C was arrested for drug trafficking. Ms. C explained that she had send drugs to her father in Town B. [ 10 ] Ms. C reported that her sister was doing well and did not present any behavioural problems. At that time, Ms. C had not yet registered her sister to school.

[ 11 ] On March 29, 2021, the child was transferred in Town B to the foster family of Mrs. D, her maternal aunt. At this point, it is not clear if Mrs. D’s commitment to the child can last in time. [ 12 ] Since her transfer, the child is doing well. She has a strong bound with her mother and sees her almost daily. Those contacts are reported as positive for the child. The Director will ensure that an appointment with Dr. Larose is taken for the child. [ 13 ] The mother collaborates with the Director but has not met with Social Services on a consistent basis. She still struggles with alcohol consumption issues.

On December 9, 2020, the police had to intervene as the mother was intoxicated by alcohol and drugs. It was reported that she had hit another woman. During this event, she also punched a police officer. [ 14 ] On February 15, 2021, the police had to intervene as the mother was under the influence in a public place. [ 15 ] On February 24, 2021, the mother assaulted and made threats to kill her daughter C. During this incident, she was under the influence of alcohol. [ 16 ] The father has not collaborated with the Youth Protection worker. He indicated that he did not want to be involved in the child’s situation.

He still has criminal conditions prohibiting unsupervised contacts with minors. On April 4, 2021, police had to intervene as the father’s partner, Ms. E, assaulted him. [ 17 ] The maximum duration of placement established in the Youth Protection Act have been reached since October 25, 2019. Due to the situation that occurred while the child was entrusted to her sister in Town A, the Director cannot yet present a long term plan for 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 November 26, 2020; [ 21 ] ORDERS that the child be entrusted to a foster family; [ 22 ] RECOMMENDS that the child remain entrusted to the foster family of Mrs.

D; [ 23 ] ORDERS that the child receive specific health care and health services required by her condition such as a follow-up with a child and youth psychiatrist, and the services of an audiologist, and that the recommendations made by the professionals be followed; [ 24 ] ORDERS that the child attend school on a regular basis; [ 25 ] ORDERS that the child, her parents and the foster family receive the services of an external educator for the period deemed necessary by the professionals; [ 26 ] ORDERS that the child and her parents take an active

part in the application of any of the measures ordered and fully collaborate with the Director of Youth Protection; [ 27 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 28 ] ORDERS that the parents remain sober in the presence of the child; [ 29 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 30 ] RECOMMENDS that the parents seek formal help through the Social Services or another resource deemed appropriate concerning their substance abuse and personal issues; [ 31 ] WITHDRAWS from the parents the exercise of attributes of the parental authority regarding health services for the benefit of the child and GRANTS this exercise to the Director of Youth Protection; [ 32 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 33 ] RECOMMENDS that the contacts between the child and the mother be encouraged if the mother remain sober; [ 34 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child, her family and the foster family; [ 35 ] THE WHOLE until June 30, 2022; [ 36 ] 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 Date of hearing: June 7, 2021