2021 QCCQ 11547, 2021 QCCQ 11547

Protection de la jeunesse — 216502 2021 QCCQ 11547 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N o : 505-41-010196-204 DATE : October 21, 2021 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...], 2020 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T

Article 95 of the Youth Protection Act ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] T he Director of Youth Protection (the Director) petitions the Court with an Application for Revision and Extension of a Court decision rendered on November 19, 2020. [ 2 ] Following said decision, Court ordered that the child be entrusted to his mother for a period of six months.

The Court also ordered that the child and the family receive aid, counsel and assistance for the same period and that the contacts between the child and his father be supervised by a third party chosen by the Director, following three meetings with the Director and when the restraining order will no longer be affective.

Finally, Court authorized the mother to sign alone the authorizations required for the child for daycare and medical purposes. [ 3 ] Today, the Director recommends that the child be entrusted to his mother for a period of six months and that the contacts between the child and his father be forbidden. [ 4 ] The father is absent, but his lawyer is virtually present. Mtre Leclerc agrees with the measures sought by the Director. The father wants to be informed if eventually his child has medical issues. The father still denies the physical abuse. [ 5 ] The mother and the child’s lawyer agree with the recommendations.

CONTEXT [ 6 ] In June 2021, a report was made concerning a situation of physical neglect at the mother’s domicile. After evaluation, the Director considered that the child’s situation was not compromised on that matter considering that the mother acknowledged her personal difficulties and showed a great collaboration. [ 7 ] The mother receives support from the CLSC and [Center A]. She has a follow-up with a psychiatrist and collaborates positively with the Director. She does not hesitate to ask for help and she is transparent. [ 8 ] The child evolves positively and attends daycare on a full-time basis.

[ 9 ] On the evening of October 19, 2021, the police went to the mother’s domicile following a report that the mother had suicidal thoughts. When the police arrived, the mother was calm and oriented. The child was sleeping. As requested, the mother went to the hospital and the child was entrusted for the night to the maternal grand-mother. The mother explained that she had posted a message on Facebook regarding her anxiety disorder.

She did not have any plan to commit suicide. [ 10 ] The mother has recently started school to become a pharmaceutical technician. [ 11 ] Concerning the father, he believes that the Director is present in his life because of false accusations from the mother. He does not want to collaborate with the Director. The next date at the Criminal Court is on January 18, 2022. There is a restraining order between the father and the mother. [ 12 ] The father has not contacted the Director to obtain any information on his son’s evolution nor did he contact the caseworker to

schedule the three required meetings between November 19, 2020, and August 2, 2021. Many attempts were made to meet with the father. [ 13 ] The custody procedures in Superior Court are uncomplete. ANALYSIS [ 14 ] The Director intervened in the family because of a situation of physical abuse on the part of the father. [ 15 ] Since the end of May 2020, the father hasn’t seen his child. He has not mobilized himself to see his son or to be informed of his situation.

He has not collaborated with the Director since May 2020. [ 16 ] Considering that the child has not seen his father for the majority of his life and that the father does not manifest any interest regarding the situation of his son, Court forbids the contact between the child and his father. [ 17 ] The mother is taking the steps to protect her son. She wants the best for the child. She receives services in order to help her focus on providing a safe and secure environment for her son and in order to help to cope with her anxiety disorder.

The mother offers a good collaboration with the Director as well as with the other services she has around her. [ 18 ] The presence of the Director is still required to make sure that the mother receives the necessary tools and teachings to continue to respond to her son’s needs. [ 19 ] Given the admissions and the content of the report, Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the interests of the child.

FOR THESE REASONS, COURT: [ 20 ] GRANTS the present application; [ 21 ] DECLARES that the security and the development of the child are still in danger; [ 22 ] REVISES and EXTENDS the Court order rendered on November 19, 2020; [ 23 ] ORDERS that the child be entrusted to his mother; [ 24 ] FORBIDS any contacts between the child and his father; [ 25 ] ORDERS that the parents take an active

part in the application of the measures; [ 26 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and his family; [ 27 ] WITHDRAWS the exercise of certain attributes of parental authority from the father and AUTHORIZES the mother to sign alone the authorizations required for medical, activities, daycare and travel purposes, including the application for a passport; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment; [ 29 ] THE WHOLE for a period of six months. __________________________________ Lyne Morin , J.C.Q.

Mtre Frédérique-Earls Bélanger Attorney for the Director of Youth Protection Mtre Hélène Robitaille

Attorney for the child Mtre Lucie Gaucher Attorney for the mother Mtre Noé Leclerc Attorney for the father Date of hearing : October 21, 2021 Date of signature of the judgment : October 29, 2021