2016 QCCQ 18109, 2016 QCCQ 18109

Protection de la jeunesse — 169038 JL 4031 COURT OF QUÉBEC 2016 QCCQ 18109 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-027779-131 525-41-027780-139 DATE : June 13, 2016 ______________________________________________________________________ IN THE PRESENCE OF : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Director and X born on [...], 2013 Y born on [...], 2013 child and A mother ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized of a Motion filed pursuant to

Section 95 of the Youth Protection Act, by a person duly mandated by the Director of Youth Protection A (" the Director" ), to extend an order rendered by the undersigned on January 12, 2015.

In this order, the Court entrusted the children to the maternal grandmother until February 1 st , 2015, and then to the mother under the condition that she reside with the maternal grandmother along with supporting measures for a period of one year; [ 2 ] The Director alleges the following for Y; 3.1. the mother moved into the home of the maternal grandmother on February 1 st , 2015; 3.2. the mother attended a ten (10) weeks parenting program at [center A] between July and September 2015; 3.3. in addition, the mother continued to attend weekly parenting classes at Lasalle boys and girls club; 3.4. since September 25 th , 2015, an educator has been going to the home, providing services to the mother on a weekly basis; 3.5. the mother reported at times feeling anxious and overwhelmed with her parenting responsibilities; 3.6. the child is developing well; 3.7.

Y has speech delays and is on a waiting list at the CLSC Lasalle;

3.8. the child attends daycare on a full time basis; 3.9. Mr. B pleaded guilty to aggravated assault on X; 3.10. the family needs to maintain the gains made; As for X : (same allegations except:) 3.7. the child continues to receive services from Marie-Enfant for occupational therapy, physiotherapy and speech therapy; [ 3 ] The Director is recommending that the children be entrusted to their mother with various support measures for nine months. [ 4 ] The mother is present. She agrees with the allegations of the motion, the content of the court reports and the recommendations.

Her intention is to remain living with her mother over the next nine month period. [ 5 ] The evidence (reports and admissions) establishes that as alleged, the children are now living with their mother who moved into her own mother’s home in February 2015. The maternal aunt, C, and her young son also live in the home. [ 6 ] The mother has received various services, including parenting programs, since the January 2015 Court order in order to address her issues. Nonetheless, she still reports bouts of anxiety, panic attacks and depression.

She was to follow this up with her family doctor in order to be referred for psychological or psychiatric help, but has yet to do so. [ 7 ] The mother is thankful for the support she receives from her mother and sister. She also receives educator services. [ 8 ] The children, X in particular, require specific services. X is followed at Centre Marie-Enfant (occupational therapy, physiotherapy and speech therapy) in relation to her brain injury.

Both children are also on a waiting list for speech therapy. [ 9 ] Both children are said to be attached to their grand-mother and aunt. [ 10 ] The children can present difficult behaviour, such as head-banging. [ 11 ] The mother has stated that she eventually wants to move out on her own with the children. [ 12 ] The mother is no longer involved with Mr. B, her “ex” who injured X.

Mr B was sentenced on September 30, 2015 to prison for two years less a day and a two year probation whereby he is not to have contact with the mother, X and children under eight years old. [ 13 ] The only issue before the Court is whether the children should be specifically entrusted to the mother, which would allow her to leave with the children at any time. Given the history, the mother’s ongoing personal difficulties and the support she receives from her family, the Court feels it would be more prudent that the mother only be able to move out with the Director’s authorization.

The children’s attorney supports this view, while the mother and the Director are not opposed to it. [ 14 ] AS A RESULT AND FOR THESE REASONS, THE COURT : [ 15 ] GRANTS the Motion for Extension ; and [ 16 ] DECLARES that the security or development of the children is still compromised; [ 17 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES : [ 18 ] ORDERS that the children be entrusted to the mother, on the condition that she continues to reside with the maternal grandmother; [ 19 ] AUTHORIZES the mother to move out with the children provided she gets the approval from the Director of Youth Protection; [ 20 ] RECOMMENDS that the mother continue to address her personal issues; [ 21 ] ORDERS that aid, counsel and assistance be provided to the children and the family; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the purposes of the execution of this judgment; [ 23 ] ORDERS the execution of this judgement by any peace officer, if necessary; [ 24 ] ALL OF THESE ORDERS will apply for a period of nine (9) months;

_______________________________________ CLAUDE LAMOUREUX, J.C.Q. Me Sym-Anthony Davis Attorney for the Director Me François Pelletier Attorney for the children Me Lilian Stah Attorney for the Mother Dates of hearing : CL/nl April 8 th & June 13 th , 2016