2019 QCCQ 16741, 2019 QCCQ 16741

Protection de la jeunesse — 195333 2019 QCCQ 16741 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division N° : 525-41-029958-154 DATE : January 28, 2019 ______________________________________________________________________ PRESIDING JUDGE : THE HONORABLE KAREN OHAYON ______________________________________________________________________ In the matter of: X Born […], 2006 Director of Youth Protection A Applicants -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A) ______________________________________________________________________ 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 (art. 11.2, 11.2.1 and 135 Y.P.A.), [ 1 ] In the context of a joint hearing, the Director of Youth Protection (The Director) is asking the Court to extend the order rendered on October 16, 2017, entrusting the children Y and X to their father along with a social follow-up and other corrective measures for one year. [ 2 ] The Director alleges that the children are developing well in their current environment.

Despite improvements in the mother’s situation, she remains unable to resume full-time care of the children. [ 3 ] Consequently, the Director is asking the Court to maintain the children with their father along with a social follow-up for the next nine months. [ 4 ] The father admits the allegations in the motion and adheres to the Director’s proposal. [ 5 ] The mother admits to the majority of the allegations and agrees to the measures proposed although she considers that she has no choice in the matter.

She adds however that she would like an increase in the visits with the girls. [ 6 ] The children admit to the majority of the allegations as stated in the motion and consent to the measures proposed. Regarding contact with the mother, Y is satisfied with the Director’s current frequency and duration. X is asking for a progressive increase in contacts leading to additional unsupervised overnights. The Situation [ 7 ] Since the last judgment, both girls are doing well in their father’s home and have adjusted well to the structure and routine therein.

The father and the stepmother have proactively encouraged the development of their autonomy and general life skills with excellent results. [ 8 ] The girls are progressing well at school, both academically and behaviourally. They are avid readers and enjoy writing stories. [ 9 ] The mother has taken significant steps to improve the state of the home; the major renovations required have been completed.

The remaining work is of lesser importance and there is practically no clutter. [ 10 ] Although the mother continues to question the conclusions in the previous psychiatric assessment, she has participated in a psychological follow-up that has produced positive results. [ 11 ] Her heartfelt testimony leaves no doubt as to the intensity of her love for her children and the court is sensitive to her sorrow. [ 12 ] Over time, the length of visits between the mother and the children has progressively increased. Until recently, visits occurred every second weekend at the home of the maternal aunt.

The girls’ waking moments were spent with their mother in the company of the aunt. The mother then returned to her home to sleep. [ 13 ] After some time, unsupervised outings in the community were authorized. More recently, the girls have been spending one overnight a month at their mother’s home, without supervision. [ 14 ] Although the girls generally report that the visits are positive, they often have a difficult time returning to the structure of their household and academic routines.

Based on the information provided to her, the worker concludes that a late bed time is usually the cause. [ 15 ] X’s request today to increase visits has come as a surprise to the caseworker as no such request had previously been made. Consequently, she has not had the occasion to discuss the possibility with the parties or to develop a plan. [ 16 ] The caseworker testifies that her intention is to continue gradually increasing visits, including pedagogical days. However, she remains concerned regarding the mother’s capacity to maintain a stable routine, particularly on school nights.

Although she is open to eventually offering X the one on one time that she is requesting, she cautions that flexibility is required to adjust to the circumstances. [ 17 ] The father is in agreement with an increase in contact, unsupervised or otherwise, insofar as they don’t interfere with the school

schedule and routine. Analysis [ 18 ] The issue here is the request for increased contacts between X and her mother. All other conclusions sought are accepted by the parties. [ 19 ] Over the next nine months, the mother is encouraged to work on her organizational and parenting skills in order to ensure a stable routine for the children when in her care. [ 20 ] The court agrees that, regarding visits, a certain measure of flexibility is required to ensure that adjustments can be made to the

schedule depending on progression. The importance in maintaining structure and routine must be kept in mind when determining a schedule. [ 21 ] That being said, the court acknowledges that the mother has greatly improved her situation and an increase in unsupervised contact is a realistic objective. [ 22 ] The Court is of the opinion that the Director must make every effort to work towards an additional unsupervised overnight visit every month, allowing X individual time with her mother.

Considering the recent nature of the request however, imposing it at this time is premature and would constitute a risk to the progress heretofore accomplished.

In these circumstances, an order requiring the Director to make every effort in that sense is sufficient to ensure that X’s request is given the consideration that it deserves. [ 23 ] FOR THESE REASONS, [ 24 ] THE COURT: [ 25 ] GRANTS the motions; [ 26 ] DECLARES that the security and development of the children are still endangered; [ 27 ] ORDERS that the children remain entrusted to the care of the father, [ 28 ] ORDERS that the frequency and modality of contacts between the children and their mother be determined by the DYP, including supervision if deemed necessary and taking into consideration the her wishes; [ 29 ] Regarding contact between X and her mother, TAKES JUDICIAL NOTICE that X is asking for an increase in contact, more particularly, an additional unsupervised overnight visit and consequently, ORDERS that the Director take all measures required to favour such an increase; [ 30 ] ORDERS that the mother maintain a safe and appropriate home environment; [ 31 ] RECOMMENDS that the mother refrain from denigrating the father in the presence of the children; [ 32 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the children and their family; [ 33 ] ENTRUSTS the situation of the children, Y and X, to the Director of Youth Protection A, who shall then see that the measures are carried out

[ 34 ] THE WHOLE for a period of nine months. Signed in Town A On January 28, 2019 __________________________________ KAREN OHAYON, J.C.Q. Me Angela Nevard Attorney to the Director Me Adriana Chafoya-Hunter Attorney to the children Me David Schwalb Attorney to the mother Date of the hearing: January 16, 2019 KO/lf