2017 QCCQ 6596, 2017 QCCQ 6596

Protection de la jeunesse — 172351 2017 QCCQ 6596 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-008247-167 DATE : April 25th, 2017 ______________________________________________________________________ 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 [...], 2016 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Article 95 (2) of the Youth Protection Act ______________________________________________________________________ JM2505 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 Extension of a Court decision dated October 11, 2016. [ 2 ] Following this decision, the Court ordered that the child be entrusted to his paternal grandmother, Mrs C, for a period of six months and ordered that the contacts between the child and the mother be following an agreement between the parties concerning the terms, the frequency and the degree of supervision.

For the father, the Court ordered that the contacts be following an agreement between the parties concerning the terms and the frequency. [ 3 ] Today, the Director recommends to extend this Court order for a period of one year. [ 4 ] The parents’ and the child’s lawyer agree with the conclusions of the Director. [ 5 ] The child lives with his paternal grandmother since January 25, 2016.

X is developing well and Mrs C is his principal parental figure. [ 6 ] Since the last Court order, the mother’s situation has remained the same in terms of difficulties. [ 7 ] The mother did not actively participate to the intervention plan. She moved a few times, leading to interruption of services. [ 8 ] Recently, the mother saw her psychiatrist and received a diagnostic of bipolarity of type II. She is now on medication and wants to attend a support group in Town A for that matter. [ 9 ] The mother missed a lot of visits with her son.

She was encouraged to see him three times a week, once in the office of the Director and twice at the paternal grandmother’s home.

[ 10 ] Because of the irregularity of the contacts, the child is more reserved with his mother. The mother acknowledges that she did not bond with her son as much as she could have. She admits that the grandmother has become the main caregiver and figure of security for him. [ 11 ] As for the father, he is presently living at the grandmother’s house. He participates to the intervention plan and recently resumed his participation to the “Better Together Program”.

He also participated in an individual therapy offered by the CLSC, with a psychologist. [ 12 ] The father acknowledges that he would not be able to care for his child on his own and that he needs the help of his mother. [ 13 ] The father sees his son regularly. He spends time with him at night, before he goes to work and in the morning when he comes back from work. During the visits at the office, he is attentive and sensitive to the needs of the child.

ANALYSIS [ 14 ] Although the mother loves her son, she is overwhelmed by her own situation as an adult. [ 15 ] The father is working on improving his personal situation but still needs help concerning the child. [ 16 ] Both parents recognize that the child has a positive bond with the paternal grandmother and that she is a figure of stability. For these reasons, the parents agree that their son be entrusted to the paternal grandmother for the next year. [ 17 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations.

The measures proposed are in the best interest of the child.

FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and the development of the child X are still in danger; [ 20 ] EXTENDS the Court order rendered on October 11, 2016; [ 21 ] ORDERS that the child be entrusted to his paternal grandmother, Mrs C; [ 22 ] TAKES ACT that the paternal grandmother has been recognized as a foster family of proximity; [ 23 ] ORDERS that the contacts between the child and the mother be following an agreement between the parties concerning the terms, the frequency and the degree of supervision; [ 24 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 26 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures; [ 27 ] THE WHOLE for a period of one year. __________________________________ Lyne Morin , J.C.Q. Me Julie Langlois Attorney for the Director Me Jean-Pierre Gaudreau Attorney for the child Me Alexandre Germain Attorney for the mother Me Kathleen O’Meara Attorney for the father Date of hearing : April 25th, 2017