2022 QCCQ 3211, 2022 QCCQ 3211

Protection de la jeunesse — 221905 2022 QCCQ 3211 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 755-41-003428-219 DATE: March 8, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] and [SOCIAL WORKER 2], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X, born on [...], 2014 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT Section 95 (1) (2) of the Youth Protection Act ______________________________________________________________________ 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 (the Director) petitions the Court with an Application for revision and extension of a Court Decision, according to section 95 (1) (2) of the Youth Protection Act , in the matter of the child X . [ 2 ] The hearing of this Application is held jointly with the Application of Y , born on [...] , 2016 . [ 3 ] The Director alleges that the situation of the children necessitates the revision and the prolongation of the Court Order rendered on August 26 th , 2021, for the reasons outlined in paragraph 4 of the motion. [ 4 ] The Director recommends, as key measures, that the children be entrusted to their father and that the contacts between the children and their mother be following agreement between the parties and in the presence of a third party designated by the Director.

The Director recommends that the family receives a social follow-up for a period of six months. Situation and Analysis [ 5 ] The children remain entrusted to their father since the last Court order. [ 6 ] The mother is unstable on many aspects, as she moves between the uncle’s milieu, the grandfather’s house and a friend’s place in City A . [ 7 ] The mother admit fighting often with her brother, causing her to move elsewhere. [ 8 ] At the end of November 2021, an important fight occurred between the mother and her brother.

The children were present during the fight where the uncle grabbed the mother by the throat. The children were crying and the father had to pick them up. [ 9 ] A few days later, the Director learned that the uncle was upset at Y because he took his phone and that he slapped the child on his neck. The child confirmed this information. [ 10 ] During December, the mother was very hard to reach and did not return the numerous calls or messages left by the case worker.

She also did not show up to a scheduled appointment at the office. [ 11 ] Considering the violence that the children were exposed to from their maternal uncle on two recent occasions and considering

the lack of the mother’s collaboration, the Court ordered provisional measures on December 23 2021, ordering namely that the contacts between the mother and the children be supervised and outside of the maternal uncle’s milieu. [ 12 ] For the following weeks, the mother still had great difficulty arriving on time or confirming the appointments or the visits with her children.

Nonetheless, the mother was able, with the Director’s guidance, to reassure the children and make a return with them concerning the last events with their uncle. [ 13 ] The two boys evolve well and have a secure relationship with their father. They also show a strong bond between them. [ 14 ] The father shows good parental skills and makes sure his children receive all they need.

His challenge is to keep the Director informed right away when certain situations occur with the mother and not wait. [ 15 ] The mother also has good parental skills, but is often overwhelmed with her personal difficulties and is hard to reach. She needs to improve that aspect. The mother recently moved into a new house, registered herself to school and found a job. [ 16 ] Evidence show the necessity to maintain the intervention of the Director for the children and their family and the Court concludes that the proposed conclusions respect the children’s rights and are in their best interests.

FOR THESE REASONS, THE COURT : [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of the child are still in danger; [ 19 ] REVISES and EXTENDS the Court order rendered on August 26 th 2021; [ 20 ] ORDERS that the child remain in his paternal milieu; [ 21 ] ORDERS that the contacts between the child and his mother be following agreement between the parties and in the presence of a third party designated by the Director; [ 22 ] TAKES ACT that the contacts between the child and his mother take place outside of the maternal uncle's milieu; [ 23 ] PERMITS the partial or complete removal of the supervision upon agreement between the parties; [ 24 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end at the situation in which the security or development of the child are in danger; [ 25 ] ORDERS that the parents of the child take an active

part in the application of the measures ordered; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 28 ] THE WHOLE for a period of six months. __________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. M e Caroline Gagné Attorney for the D.Y.P. M e Karine Pichette Attorney for the father M e Audrey Tougas-Dumesnil Attorney for the child Date of hearing: March 8, 2022