2020 QCCQ 9880, 2020 QCCQ 9880

Protection de la jeunesse — 201461 2020 QCCQ 9880 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 614-41-000404-188 DATE: January 7, 2020 ______________________________________________________________________ PRESIDING : THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2007 Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW (

Section 95 , Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection submitted an application for a review of the decision rendered on January 9, 2019, entrusting the child to a foster family for a period of twelve months with reintegration to the parents after the completion of a treatment program followed by three consecutive months of sobriety along with many supporting measures including aid, counselling and assistance for one year. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court entrust the child to a foster family in the community A. [ 4 ] The mother and father agree with the recommendation.

They would prefer that the child be entrusted in a foster family of their community, [Community B], but if not possible they are asking the Court to have at least two visits per month in [Community B]. [ 5 ] The child is not opposed to the recommendation, but wants visits with her parents. [ 6 ] The evidence reveals that, during her placement, she started to have behavioural issues. [ 7 ] At the beginning of the school year, the youth started skipping school. [ 8 ] Due to her behaviour, she was moved to a new foster home in October 2019. [ 9 ] She was then sent to a new community and a new home. [ 10 ] At the beginning, she was doing well, adjusting to the new foster home and a new school without any issues. [ 11 ] However, she started bullying in school and the new foster home asked to be replaced after Christmas. [ 12 ] The Social Worker has made many requests in order to find a foster home in the community, but unfortunately, given the needs of the child, she was unable to find any. [ 13 ] The plan is that she will be entrusted in the same foster home as her sister.

[ 14 ] The parents have a long history of an unstable and unhealthy relationship.

They still struggle with drugs and alcohol and need counselling to address their issues. [ 15 ] Both parents were not able to complete the recommendations made by the Court in the last judgment, more specifically attending a treatment program. [ 16 ] Neither parent has been sober for at least six consecutive months. [ 17 ] The undersigned reminds the parties that the legal time limit on the child’s placement will expire at the end of the present order. [ 18 ] Given the age of the child, her needs, the Court concludes that the recommendations made by the Director are in the best interest of the child.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] REVISES the decision rendered on January 9, 2019; [ 21 ] DECLARES that the security and the development of X, born on [...], 2007, are still in danger; [ 22 ] ENTRUSTS X to a foster family in the community A in order to respect the Director’s plan to entrust her with her sister; [ 23 ] ORDERS that the parents attend a treatment for substance abuse; [ 24 ] TAKES JUDICIAL NOTICE that the mother will commit herself as soon as possible; [ 25 ] ORDERS that the parents receive ongoing support services for substance abuse and for their personal issues; [ 26 ] ORDERS that both parents seek help to improve their co-parenting and parenting skills; [ 27 ] ORDERS that the Director support the parents in that direction; [ 28 ] ORDERS that the mother and father remain sober; [ 29 ] ORDERS that the child receive all services deemed necessary for her healthy development; [ 30 ] ORDERS a minimum of contacts between the parents and the child twice (2x) a month; [ 31 ] ENCOURAGES any other contacts that should be organized in the best interest of the child and that the frequency and modalities be agreed upon by the parties; [ 32 ] ORDERS aid, counselling and assistance be provided to the child, her parents and her foster home for a period of one (1) year and that it be provided on a regular basis; [ 33 ] ORDERS the police to collaborate with the execution of the judgment; [ 34 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A who shall then see that the measures are carried out.

Sign __________________________________ LUCIE GODIN, J.C.Q. Mtre. Adelia Ferreira [...], Santé & Services Sociaux A Counsel for the applicant Mtre. Antoine Meunier Centre communautaire juridique A Counsel for the child Mtre. Michel Grenier Counsel for the mother Mtre Marie-Josée Ayoub Ayoub Avocats inc. Counsel for the father

Date of hearing: January 7, 2020