2021 QCCQ 9315, 2021 QCCQ 9315

Protection de la jeunesse — 215526 2021 QCCQ 9315 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000681-202 DATE : July 7, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2016 Child -and- A -and- B Parents ______________________________________________________________________ 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 January 8, 2021, in respect of the child, in order to entrust him to his parents. His sister is aimed by the same application. [ 2 ] At the hearing, the parents are present and they do not contest the measures recommended by the DYP.

The court rephrases the suggested conclusions in order to be in accordance with the evidence adduced. [ 3 ] In the last court order rendered on January 8, 2021, the children were entrusted with a foster family considering the issues that the parents were facing at the time. Since then, the situation of the family evolved positively. The children gained weight and learned to have a healthy routine. [ 4 ] The contacts between the mother and the children are going very well. At the beginning, they were supervised. Since January 2021, they are unsupervised and have been increased including overnight.

The mother is always prepared for her visits with the children and she takes good care of them. [ 5 ] The mother is doing well, and she mobilizes herself in order to put her life in a better path. She remains sober and her drug test results are negative except the substances prescribe by her doctor. She improved her parenting skills and the way she communicates with her children. Her environment is very adequate and suitable for the latter. She is consistent and attentive regarding her children.

The mother has made a lot of progress and should be very proud of her remarkable accomplishments. [ 6 ] The father has visits with the children which have increased over time, including overnight. In March, the visits decreased due to the father’s work as a fisherman. In May, he only had the children the first weekend, and afterwards he has not contacted the DYP nor the foster parents to have an access to them. The two drugs tests done by the father were negative.

Despite the father having been inconsistent with the visits lately, the latter does well with the children. [ 7 ] The children are in a better shape, and they learned a lot of things with their foster family. There are no concerns with the health and well-being of Y. Regarding X, he has begun an evaluation with his pediatrician as well as a speech pathologist and an occupational therapist.

The mother participates in these appointments. [ 8 ] According to the evidence, both parents have a secure place to live with their children and there is no reason why they cannot share the children unless the father is working on a boat fishing.

[ 9 ] Overall, the evidence adduces demonstrates that the security and development of the child are still in danger. Considering the circumstances, the admission and consent of the parents as well as the child’s counsel; the application is well founded. Furthermore, the suggested measures appear to be in the best interest of the child. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 10 ] GRANTS the application for revision and extension of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth Protection Act ; [ 12 ] REVISES AND EXTENDS the court order rendered on January 8, 2021; [ 13 ] ORDERS that the child be entrusted to the parents for a period of one week each, except when the father is working, the child will be with the mother; [ 14 ] RECOMMENDS that the mother continues to work on her mental health and addiction issues; [ 15 ] RECOMMENDS that the parents submits themselves to a random drug tests ; [ 16 ] ORDERS that the parents report periodically to the DYP, the measures they apply in their own regard or in their child’s regard to put an end to the situation of endangerment; [ 17 ] ORDERS that both parents take an active

part in the application of the ordered measures; [ 18 ] ORDERS that the child receive specific health care and health services, especially a child psychiatric follow-up; [ 19 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until March 31, 2022; [ 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 this order; __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Me Marie-Ève Lapointe-Lavigne for the mother Mr. B the father Written judgment filed on July 16, 2021