2018 QCCQ 10853, 2018 QCCQ 10853

Protection de la jeunesse — 181339 2018 QCCQ 10853 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000495-157 DATE: January 31, 2018 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2008 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 August 9, 2017, in respect of the child. [ 2 ] On the day of the hearing, the mother is present but not represented. She agrees with the content of the application, and the recommendations of the DYP. Furthermore, she consents to the filing of the reports to value as testimony of their author.

The father is not present during the hearing, even though he was duly notified. [ 3 ] The child is absent, but duly represented. Counsel for the child also expresses his consent to the measures proposed by the DYP and the filing of the reports to value as testimony of their author. [ 4 ] Following the judgment rendered on August 9, 2017, the situation evolved positively. The child is 9 years old.

She has been entrusted to a foster family for the past two years because of her mother’s personal issues. [ 5 ] The father wishes for the child to come to live with him, but he has not been present in her life in the past. The child wants more contact with him, but is unsure about living with him. [ 6 ] A psychological evaluation was done with the child. She has a behavioral and a learning disorder. She is curious intellectually and needs stimulation.

The professional concludes to the following: “Considering the child’s psychological condition and current needs, and considering the nature of the attachment dynamic with her father, I think it would be premature to consider an immediate placement in her father’s family [1] .” [ 7 ] The child functions well in her foster family. Many changes have occurred since she has been entrusted to them. She is more able to share things such as her needs and feelings.

However, she is still very protective towards her mother and she avoids speaking about her. [ 8 ] The mother did not get involved with the psychologist who was referred to her and does not collaborate with the DYP. Recently, she has sought help for her addiction issues, but declines to remain in the methadone program. In fact, many resources have been put in

place to help the mother in the past months. She does not take the help offered to her until it is time to go back to Court such as now. [ 9 ] The mother is not consistent with her visitations with her child, nor asks for more contacts than the ones already planned. The mother seems more focused on her relationship with her boyfriend then with her daughter. [ 10 ] Concerning the father, he participated in a psychosocial evaluation and parental capacity report. This assessment reveals that his parental capacity is good and there is no sign of risk.

He is stable emotionally, and his environment is adequate. [ 11 ] The father has contacts with his daughter and makes the effort to get closer to her. Their bonding is still under construction, but the situation remains fragile. Mostly because the father did not have any contact with her in September and October 2017. Their relationship seems to be better, and positive signs are observed. Still more time is required to reinforce the bond between the child and the father.

Therefore, the visits should be increased from this day forward. [ 12 ] As the Court mentioned in the last order rendered on August 9, 2017, the child needs a secure and healthy environment in order to grow adequately. Considering the instability and the inconsistency of the mother, the Court indicated, then, that a life project should be established for the child. This project seems to be in a working process with the father.

Nevertheless, some work still needs to be done with the child and her father as revealed through the evidence in order to be a viable project. [ 13 ] Meantime, the child needs a good and secure environment. Her actual foster family who is, in fact, her maternal aunt can provide such a place until the situation with the father is clarified, and that he shows consistency. Furthermore, the child has to be ready to take that step. [ 14 ] The evidence demonstrates that the security and development of the child are still in danger.

Under the circumstances and considering the evidence, the admissions and consents, 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: [ 15 ] GRANTS the application for revision and extension of order; [ 16 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 17 ] REVISES AND EXTENDS the Court order rendered on August 9, 2017; [ 18 ] ORDERS that the child be entrusted to her maternal aunt C until January 31, 2019; [ 19 ] ORDERS that the contacts between the child and her parents be determined upon agreement between the parties, including their supervision as long as deemed necessary; [ 20 ] RECOMMENDS that the father have regular visitations with his daughter; [ 21 ] RECOMMENDS that the mother receive psychological counselling for her personal issues; [ 22 ] RECOMMENDS that the mother involve herself in a drug and alcohol counselling and follow up if deemed necessary by the professional; [ 23 ] ORDERS that the parents participate actively in the application of the ordered measures to put an end to the situation of endangerment; [ 24 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until January 31, 2019; [ 25 ] 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 order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Annie Dupuis for the child Mrs. A the mother

Mr. B the father (absent) Written judgment file on February 9, 2018