2019 QCCQ 14924, 2019 QCCQ 14924

Protection de la jeunesse — 1911242 2019 QCCQ 14924 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 640-41-002244-181 DATE : December 19, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in [...]; Applicant and X, born on [...], 2015 Child and A Mother and B Father _____________________________________________________________________ JUDGMENT (Section 95 of the 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 (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submitted an application to the Court for the revision of a decision rendered on November 20, 2018, ordering that the child remain with her parents and ordering other assistance measures, including a follow-up by Social Services, until November 30, 2019. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court order that the child remain with the mother and several assistance measures, including a follow-up by Social Services until May 30, 2020. [ 4 ] The mother has expressed that she wants to improve her parental skills and will be working in collaboration with the Director. [ 5 ] The evidence reveals the following facts. [ 6 ] Since the last court hearing, the parents are no longer in a relationship. Therefore, the child is no longer exposed to domestic violence in her household.

The mother has her own house now. [ 7 ] The father is not regularly involved in the life of the child. [ 8 ] In September 2019, the mother gave birth to a new infant and the child was traditionally adopted. [ 9 ] The mother displays alcohol-related problems. [ 10 ] When she consumes alcohol, the mother entrusts the child to her great-grandmother. [ 11 ] The collaboration of the mother with the Director is regular, while the father’s collaboration with the Director is irregular.

[ 12 ] The Director believes that the situation has evolved. However, the mother still has a hard time bringing herself to recognize her issues. [ 13 ] Social Workers have observed an important lack of mobilization to find solutions to meet the needs of the child.

This has been putting the child’s development in danger as her basic and specific needs, more precisely the lack of stimulation, have not been met. [ 14 ] The mother has only recently sought services in regards to her responsibilities towards her child, and Social Workers are observing if she will follow through with the services and apply her learnings. [ 15 ] It is expected that the mother work on her recognition of the reported facts that have put the child at risk. [ 16 ] The mother will have to work on her personal skills, and the parents will have to take the recommendations of the Director seriously. [ 17 ] They need to understand the importance of meeting their child’s needs, and their collaboration with Youth Protection Worker will be essential to make changes and improvements in their situation. [ 18 ] The child deserves to grow in an environment that offers her the necessary support so she can develop to her fullest potential. [ 19 ] The Director believes that the mother is ready to undertake her responsibilities and that the child could remain with the mother. [ 20 ] This present order, for a period until May 30, 2020, is crucial.

The mother must commit herself to work with Social Services in order to improve her capability to answer to her child’s needs. [ 21 ] Given the evidence, the needs of the child, her age, the collaboration of the mother, and the importance to maintain the link between the child and the mother, The Court concludes that all the facts alleged in this motion have been proven and that the recommendations are in the best interest of the child. [ 22 ] That being said, the situation should be seriously and closely monitored by the Director of Youth Protection.

FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security and development of the child continue to be endangered; [ 25 ] ORDERS that the child, X, remain with the mother; [ 26 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security and development of the child are in danger; [ 27 ] ORDERS that the child and the child’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 28 ] ORDERS that the child and the child’s parents report in person, at regular intervals, to the Director to inform her of their current situation; [ 29 ] ORDERS that the child attend a childcare establishment; [ 30 ] ORDERS that the child and the child’s family receive the services of an external educator for the period deemed necessary by the professionals; [ 31 ] ORDERS that the parents remain sober in the presence of the child; [ 32 ] ORDERS that the parents remain without any violent behaviour in the presence of the child; [ 33 ] ORDERS that the parents seek help through Social Services concerning their alcohol and personal issues; [ 34 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her family; [ 35 ] THE WHOLE until May 30, 2020; [ 36 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall see that the measures are carried out.

Signed in ________, on January ___ 2020 _________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Counsel for the applicant Mtre. Laurence Migué Counsel for the child Mtre. Angèle Tommasel Counsel for the mother Date of hearing: December 19, 2019