r v. A, 2017 QCCQ 16980

Protection de la jeunesse — 177347 2017 QCCQ 16980 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005194-165 760-41-005195-162 DATE: May 24, 2017 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born [...], 2015 Y, born [...], 2014 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B Parents ______________________________________________________________________ RECTIFIED JUDGMENT [1] 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 ] On December 5, 2016, the Court declares that the security and the development of the children Y and X are in danger in reason of physical and educational neglect.

Applying various measures of aid and counsel for 6 months, the Court also entrusts the children to extended family members, while providing supervised contacts with their parents. [ 2 ] The Director seeks the extension of the said measures, alleging that the situation of endangerment is not resolved. [ 3 ] Mr. B declares, and the parties acknowledge, that he is the father of both children, although his paternity is only designated as to Y.

With the parties’ consent, he is declared a party in the proceedings concerning X. [ 4 ] The parents consign their admissions and subscribe to the Director’s evaluation and orientation of their children’s situations. The children’s attorney, acting within a legal mandate, shares this position. [ 5 ] Analysis and decision [ 6 ] Since the last order, both children remain in their substitute environments, Y residing with Mrs. C (maternal great grand- mother) and X with Mrs. D (maternal aunt). [ 7 ] They are doing well.

Y is recuperating certain developmental delays since his placement and his language improves. [ 8 ] The children see their mother on a regularly scheduled basis, under supervision. [ 9 ] Both parents continue to struggle with personal issues which impede their parental capacities. [ 10 ] The mother now resides in second step housing related to the Residence Elle program. She receives a lot of support from her family and continues to work on her parental skills, organisation, budget and self-esteem issues.

Although she shows motivation to work towards the return of her children to her care, her efforts and judgment are inconsistent. [ 11 ] Despite their problematic history and the rules of the shelter, the evidence demonstrates that the mother continues to maintain

contacts with her ex-boyfriend, Mr E. The shelter has to repeatedly insist that Mr. E not be in her apartment. Since then, the mother maintains that they are no longer together, although she is rarely in her apartment and is now pregnant with his child. [ 12 ] The father’s situation as to the intervention and the children remains relatively unchanged. [ 13 ] His personal situation is still fraught with ongoing elements of instability.

Although he maintains wanting to cooperate in view of resuming contacts with his children, few steps are undertaken to demonstrate his ability to assume a consistent role. [ 14 ] Following the last judgment, he initially meets the case worker on two occasions and undertakes a therapy for sexual abuse with Via l’Anse . This process ceases when he receives a short incarceration period. Since his release in March 2017, he is mostly unavailable.

A new meeting with the caseworker is set for June. [ 15 ] The Court evaluates that the situation of the children are still in danger in reason of neglect, justifying the extension of the protective measures in place. The objective of the intervention remains that the children return to their maternal environment. [ 16 ] As the mother’s situation shows improvement and is more stable, the Court determines that the next period of measures can see the lifting of the supervision as to her contacts on an amicable basis.

As for the father, such is not the case as the process of re- establishing his contacts has as yet not been possible. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the application for extension of a Court decision; [ 19 ] DECLARES that the security and the development of the child are still in danger; [ 20 ] EXTENDS the Court order rendered on December 5, 2016; [ 21 ] AS TO Y: [ 22 ] ORDERS that the child be entrusted to Mrs.

C; [ 23 ] ORDERS that the contacts between the child and his parents be following mutual agreement between the parties and in the presence of a third party chosen by the Director; [ 24 ] AUTHORIZES that the supervision of the mother’s contacts be lifted following agreement between the mother and the Director of Youth Protection; [ 25 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or the child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 26 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 27 ] (…) [ 28 ] AS TO X: [ 29 ] ORDERS that the child X be entrusted to Mrs. D; [ 30 ] ORDERS that the contacts between the child and her mother be following mutual agreement between the parties, in the presence of a third party chosen by the Director; [ 31 ] AUTHORIZES that the supervision of the mother’s contacts be lifted following agreement between the mother and the Director of Youth Protection ; [ 32 ] AUTHORIZES contacts between the child and M.

B following mutual agreement between the parties, in the presence of a third party chosen by the Director; [ 33 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or her child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 34 ] ORDERS that the mother take an active

part in the application of the measures ordered; [ 35 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 36 ] ALL THESE MEASURES for 6 months; [ 37 ] ENTRUSTS the situation of the children to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Dina Allam Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Maryse Fournier Attorney for the father Me Karine P. Poissant Attorney for the child Date of hearing: May 24, 2017