2022 QCCQ 12423, 2022 QCCQ 12423

Protection de la jeunesse — 227376 2022 QCCQ 12423 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 614-41-000504-193 DATE: November 23, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2009 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 9.2, 9.3 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 November 23, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the Honourable Lucie Godin on February 15, 2022. [ 3 ] Today, the Director recommends that the child be placed in a foster family for a period of six months and that support measures be ordered for a period of one year. [ 4 ] The father and the child agreed with the Director’s plan. [ 5 ] After having heard their positions, the mother also agreed with the recommendations.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and analysis [ 7 ] Following the judgment of September 2021, Y and X were reunited with their sister Z in the foster family of their maternal aunt, Ms. C, in Town A. [ 8 ] On September 17, 2022, X and Z sneaked out of the home to go consume alcohol. Immediate protective measures were invoked, and they were entrusted to an emergency foster family. [ 9 ] On September 25, 2022, X returned to the foster family of Ms.

C. [ 10 ] On October 11, 2022, the foster parent informed the Director that X had stolen money and came home intoxicated with marijuana. The foster mother requested that X and Y be transferred to a different environment following November 4, 2022.

[ 11 ] On October 19, 2022, the Tribunal ordered, on a provisional basis, that X and Y be entrusted to the foster family of Ms. C until November 4, 2022, then to another foster family. They were transferred back to their previous foster home, Ms. D, in Town B. [ 12 ] Following an incident of conjugal violence, the parents separated. The father is facing criminal charges linked with this incident. [ 13 ] The father has been actively collaborating with the Director. Since May 18, 2022, the father has been actively participating in a treatment at [organism A] in Town C.

His program was completed on November 18, 2022. Within this program, the father also participated in anger management and received psychological support. He maintained regular Facetime contacts with the child. [ 14 ] The mother’s collaboration with the Director is minimal. She has yet to take any formal steps to address her issues. She has registered herself to three rehabilitation centres (A, B and C). For some times, she did not have a stable residence. Since October 2022, she’s been residing with the grandparents.

She did not maintain regular contacts with the child. [ 15 ] Even though a permanent plan was put in place for the child, her long-term placement fell apart. More time is needed to stabilize the child’s situation and to reassess a potential new long-term plan. [ 16 ] The Tribunal recognizes that the father is presently taking steps to address his personal issues and stabilize his situation. He completed a rehabilitation program and plans to attend AA meetings and see a psychologist. Although, it is too early to foresee if he will be able to care for his daughter in the future.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for revision; [ 18 ] DECLARES that the security or the development of the child is still endangered; [ 19 ] REVISES the order rendered on February 15, 2022 by the Honourable Lucie Godin; [ 20 ] ORDERS that the child be placed in the foster family for a period of six months; [ 21 ] RECOMMENDS that the child be maintained in the foster family of Mrs.

D; [ 22 ] ORDERS that the child attend school regularly; [ 23 ] RECOMMENDS that the child receive counseling and attend all appointment scheduled; [ 24 ] ORDERS that the parents ensure that the child is not exposed to any form of violence and/or persons under the influence of alcohol during the visits; [ 25 ] RECOMMENDS that the parents take active steps and complete a treatment program; [ 26 ] RECOMMENDS that the parents receive after care to maintain their sobriety; [ 27 ] ORDERS that the frequency and modality of contacts between the child and her parents be determined by the Director of Youth Protection , with a third-party supervision if required; [ 28 ] AUTHORIZES the Director of Youth Protection to obtain and share information with all service providers working with the family regarding attendance and progress; [ 29 ] ORDERS that any peace officer collaborate if requested to do so by the Director of Youth Protection ; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 31 ] THE WHOLE for a period of one year; [ 32 ] 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 6, 2023 /cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Mtre Justine Bergeron Counsel for the father

Date of hearing: November 23, 2022