2016 QCCQ 12620, 2016 QCCQ 12620

Protection de la jeunesse — 165557 2016 QCCQ 12620 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000487-154 DATE: August 3, 2016 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2007 Child -and- A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a child or the child’s parents to be identified.

Any person who contravenes this provision commits an offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of youth protection (DYP) asks the Court to revise and extend the order rendered on September 2, 2015, in respect of the child. Her siblings are aimed by the same request.

The parties agree to present common evidence. [ 2 ] Concerning the conclusions proposed, at the hearing the DYP proceeds to amendments at the conclusion of the application instead of entrusting the child to the mother as of September 2016 it would be in November 2016. [ 3 ] At the hearing, the mother is present but not represented. She generally admits the facts. She also agrees with the measures proposed by the DYP and with the filing of the reports to value the testimony of their respective author. [ 4 ] The child is not present but duly represented.

Her counsel also expresses his consent. [ 5 ] Since the last Court order, the mother continues her external follow-up for addiction. She also collaborates with the services and professionals. She was assessed by a psychologist to evaluate her psychologically and as well as her parental capacities. The report concludes that the children should reintegrate progressively the mother’s house. [ 6 ] She is making great effort to become drug free but there is always a risk of going back to her old habits. Therefore, she remains fragile.

She attended a treatment program in regards to her addictions, but she relapsed before the end. The mother feels more in control of her life than before, and she is working to deal with her issues and addictions. She’s getting better and shows improvement. She wishes to care for her children, and she wants the best for them. She wants them to be secure and happy. [ 7 ] The mother had visits with the children. Some were supervised and other unsupervised. It went well; she could preserve a stable structure for them. [ 8 ] The child is eight years old, and she has been living in a foster family since July 15, 2015.

At her arrival, she was shy, but now expresses herself. She is adapting well to the family. She enjoys the visits with her mother and mister B. The child still needs to be secure and to be in a stable environment. [ 9 ] The mother cares for her children. She wants them to be secure and happy. She is working to provide such an environment for all her children and to get them back. [ 10 ] The evidence demonstrates that the security and development of the child are still in danger. Under the circumstances, the application is well founded. The suggested measures appear to be in the best interest of the child.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for revision and extension of order;

[ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 13 ] REVISES AND EXTENDS the Court order rendered on September 2, 2015; [ 14 ] ORDERS that the child be entrusted to a foster family with progressive reintegration with her mother, starting August 3, 2016; [ 15 ] ORDERS that the child be entrusted to her mother, as of November 30, 2016; [ 16 ] RECOMMENDS that the mother continue her follow up with her addiction counsellor, as long as deemed necessary by the professional involved; [ 17 ] ORDERS that the mother remains sober at all time in the presence of the child; [ 18 ] ORDERS that the mother actively participate in the measures ordered to put an end to the situation of endangerment. [ 19 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until August 31, 2017; [ 20 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Lynn-Ann Smith for the applicant Me Réal Grenier for the child Mrs. A the mother Written judgment filed on August 16, 2016