2022 QCCQ 8571, 2022 QCCQ 8571

Protection de la jeunesse — 224833 2022 QCCQ 8571 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000846-185 DATE: January 19, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2012 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 January 19, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Lucie Godin on August 4, 2021. [ 3 ] Today, the Director recommends that the child remain entrusted to her maternal grandmother’s care and that support measures be ordered until her age of majority. [ 4 ] The mother 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 continued to thrive under the care of her maternal grandmother, Mrs. C. She is obviously attached to her grandmother. The child is in 4 th grade in the English Program at the [School A]. Mrs. C as provided the child with a safe and stable environment, free of violence and alcohol consumption. Mrs.

C is available to continue caring for the child on a long term basis. [ 7 ] The maternal grandmother informed the Youth Protection worker that daily contacts occur between the child and her mother. She ensures that the mother is sober for visits to occur. At this time, the grandmother believes that the mother is sober and doing well. Overnights visits are not permitted outside of the grandmother’s residence. [ 8 ] The mother is living with the grandmother and the child. She sometimes sleeps at her boyfriend’s place.

She did not seek any formal support from Social Services, mentioning that she was simply too busy to do so or to meet with the Youth Protection worker. She returned to her community of Town A. The mother reported that she stopped consuming alcohol and illicit drugs. Since the last Court order, the police did not intervene regarding the mother’s situation. The mother took steps to get her own house. Considering the housing

situation in Town B, we do not know when she can expect to receive her own housing. [ 9 ] The father remained incarcerated until November 3, 2021. During this period, he did not take

part in any program to address his anger management. He left his halfway house on November 19, 2021. He planned to return living with his mother in Town A. During his incarceration, he did not have any contact with the child. [ 10 ] The maximum duration of placement set by the Youth Protection Act have been reached since January 30, 2020. It is time for the Tribunal to render a long term order that would stabilize the child’s living arrangements. If ever the mother’s situation change, she could seize the Court and ask for a revision of this order.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application for extension; [ 12 ] DECLARES that the security or the development of the child is still endangered; [ 13 ] EXTENDS the order rendered on August 4, 2021 by the Honourable Lucie Godin; [ 14 ] ORDERS that the child remain entrusted to her maternal grandmother, Mrs. C; [ 15 ] TAKES JUDICIAL NOTICE that Mrs. C is being assessed as a potential foster home for the child; [ 16 ] ORDERS that the parents and Mrs. C take an active

part in the application of any of the measures ordered and fully collaborate with the Director of Youth Protection; [ 17 ] ORDERS that the parents and Mrs.

C report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 18 ] ORDERS that the parents remain sober in the presence of the child; [ 19 ] ORDERS that the parents refrain from any kind of violence in the presence of the child; [ 20 ] RECOMMENDS that the parents seek formal help through the Social Services or another resource deemed appropriate concerning their substance abuse and relationship issues; [ 21 ] RECOMMENDS that the father seek formal help through the Social Services or another resource deemed appropriate concerning his anger management; [ 22 ] ORDERS that the contacts between the child, the parents and her paternal grandparents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 23 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection is providing generous contacts between the child and the mother; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 25 ] THE WHOLE until [...], 2030; [ 26 ] 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 January 27, 2022 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mtre Jean-Bernard Terrisse Counsel for the child Mtre Ève Laoun Counsel for the mother Date of hearing: January 19, 2022