2019 QCCQ 14018, 2019 QCCQ 14018

Protection de la jeunesse — 194356 2019 QCCQ 14018 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-031749-161 DATE : June 20, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2004 adolescent and A B (deceased) parent s ______________________________________________________________________ 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 20, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered on December 5, 2017. [ 3 ] Today, the Director recommends that the adolescent remain entrusted to a foster family and that support measures be ordered for a period of seven months. [ 4 ] The mother is of the opinion that the adolescent could be entrusted to the maternal grandmother’s proximity foster home, taking judicial notice that the mother resides in the same home. [ 5 ] The adolescent wishes to return living with his mother as soon as possible.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The adolescent and his sister remained entrusted to the foster family of Ms. C. [ 8 ] The adolescent has been involved in drama therapy up until mid-April 2018. He also received other support services provided by the [Centre A]. [ 9 ] At some point, the adolescent has been worrying about the mother’s financial and emotional situation. [ 10 ] On occasions, the adolescent was bullied in school. He showed poor motivation in school and with doing homework.

He attended a special class with less students. He exhibited difficulty with maintaining a proper hygiene. He also made some comments

about not wanting to live. [ 11 ] The adolescent had difficulty limiting his access to computer games. [ 12 ] Since November 2, 2018, the adolescent has participated in art therapy sessions. He completed this program on April 26, 2019. For now, he is not open to continue with another therapeutic program. [ 13 ] The mother has been able to stabilize her own situation. She completed two substance abuse treatment programs but has not attended the outpatient services. She has been sober since April 2018. [ 14 ] The mother maintained regular and positive visits with the adolescent.

She has not been able to bring the adolescent to his medical and dental check-ups. [ 15 ] During the Christmas period, she had a two week visit with the adolescent. [ 16 ] In July 2018, the mother went to City A. On August 13, 2018, she informed the Youth Protection worker of her wish to permanently relocate to this community. She resides with the maternal grandmother.

The mother reported trying to find a home that could accommodate the children. [ 17 ] On August 17, 2018, the Tribunal ordered the provisional compulsory foster care of the adolescent to a foster family. [ 18 ] On September 7, 2018, the mother asked that the children be transferred to a foster family in her community. [ 19 ] On October 18, 2018, the Tribunal rendered an interim decision.

Further assessment was needed for potential resources in City A. [ 20 ] On February 20, 2019, the Director again asked for more time to assess the mother’s home and alternatively, the home of the maternal grandmother in City A. [ 21 ] The Youth Protection worker recently learned that the mother was living with her own mother. This milieu was assessed as positive by the Director of Youth Protection A. The Director in City B has not yet received a complete assessment report. [ 22 ] The mother has somewhat stabilized her own situation (housing, income and sobriety). She worked hard in addressing those issues.

It is possible to conciliate the mother’s personal plans with the adolescent’s needs as she remained sober and took steps to get services in her community. The mother is now on a priority waiting list for housing. She still wishes to have her own house. If this happens, she knows she will have to seize Court to have the adolescent entrusted to her care.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the application for revision and extension; [ 24 ] DECLARES that the security or the development of the adolescent is still endangered; [ 25 ] REVISES and EXTENDS the order rendered on December 5, 2017; [ 26 ] ORDERS that the adolescent remain entrusted to foster care; [ 27 ] ORDERS , as of June 22, 2019, that the adolescent be entrusted to the proximity foster family chosen by the Director of Youth Protection of the maternal grandmother, Ms. D; [ 28 ] TAKES JUDICIAL NOTICE that the mother reside in the home of Ms.

D; [ 29 ] TAKES JUDICIAL NOTICE that the mother is planning to eventually find her own house and of her knowledge that she will seize Court if this is the plan that she want to put in place; [ 30 ] RECOMMENDS that the mother continue accessing services to address her alcohol addiction; [ 31 ] ORDERS that the mother not consume alcohol in the adolescent’s presence nor expose him to others who are intoxicated; [ 32 ] AUTHORIZES the Director of Youth Protection to obtain information with treating professionals for the family; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 34 ] THE WHOLE for a period of seven months; [ 35 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on June 28, 2019 /cd

Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Maria Choquette-Stuard Counsel for the adolescent Date of hearing: June 20, 2019