2020 QCCQ 14411, 2020 QCCQ 14411

Protection de la jeunesse — 20741 COURT OF QUÉBEC 2020 QCCQ 14411 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-034285-189 DATE : January 24, 2020 ______________________________________________________________________ IN THE PRESENCE OF : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION FOR THE CENTRE INTÉGRÉ UNIVERSITAIRE DE SANTÉ ET DE SERVICES SOCIAUX A Applicant and X born on [...], 2018 Child and A Mother ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to a fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized of an Application filed pursuant to

Section 95 of the Youth Protection Act by a person duly mandated by the Director of Youth Protection ( the Director ) to extend an order rendered by the undersigned on March 20, 2019, entrusting the child to his maternal grandparents with other corrective measures until October 20, 2019. [ 2 ] The Director alleges the following: 3.1. the child remained in the care of his maternal grandparents who have been providing him with a stable and nurturing home; 3.2. the child is thriving and is meeting all of his developmental milestones; 3.3. the child has recently started integrating into a home daycare; 3.4. the mother has been actively involved in her son’s everyday life, more particularly but not restrictively in that:

a) the mother has progressively increased the duration of her visitation;

b) during the supervised visits, the mother plays with the child, feeds him appropriately and provides appropriate supervision;

c) the mother has been left alone with the child on two occasions and she was not overwhelmed;

d) the mother has never missed a visit with the child; 3.5. the mother has collaborated with the intervention; 3.6. the relationship between the mother and the grandparents has improved, more particularly but not restrictively in that:

a) the mother and the grandparents have attended all meetings with the social worker;

b) there have been no conflicts between the mother and the grandparents since March 2019; 3.7. the mother continues to struggle with mental health issues and has become more receptive in accepting that she requires support to address those issues; 3.8. the mother does not have the capacity to parent the child on a full-time and continuous basis; 3.9. the maternal grandparents have demonstrated their commitment to care for the child long term and have kept a positive relationship with the mother, more particularly but not restrictively in that:

a) the maternal grandparents have purchased a multigenerational home with the intention to live there with X and the mother;

b) the mother has agreed to some household rules with the grandparents; 3.10. the assessment of the maternal grandparents concluded that they are solid candidates as primary caretakers as they have provided great care since having the child entrusted to them and they have the resources and the capacity to continue to do so on a long term basis. [ 3 ] Based on the above, the Director is recommending that X remain entrusted to his maternal grandparents until the age of majority. [ 4 ] The mother and the child’s attorney are both present, as is the grandmother.

The mother agrees with the Director’s recommendations but hopes down the road to apply to the Court in order to resume care of the child. At the end of the hearing, the child’s lawyer also agreed with the Director’s recommendations. [ 5 ] The Court retains from the evidence that rapidly following the March 2019 court order, X was placed with his grandparents. [ 6 ] X is generally doing quite well, although his appetite and weight gain need to be monitored. [ 7 ] The mother has been very involved in the child’s care.

This was facilitated by the fact that, up until recently at least, her relationship with her parents had improved. In September, the family even moved into a new home that allowed the mother to have her own quarters but with frequent access to the child. [ 8 ] Unfortunately, there have been new conflicts between the grandmother and the mother and the latter moved out of her parents’ home.

She nonetheless continues to see the child twice per week, is involved in a second parenting program and intends on remaining very present in her son’s life. [ 9 ] Despite this involvement, the evidence does not point to changes in the mother’s parenting abilities or personal difficulties that would allow her to resume caring for the child on her own on a full-time basis. On the contrary, the mother completed twelve sessions with a psychologist who reported to the Director that the mother “ has very poor and limited insight into herself and her own mental health issues ”.

The psychologist added that the mother “ made no progress in terms of her own mental health and that despite repetitions of small information and directives, it is very difficult for Ms. A to retain information …”. (D-7, p. 4) [ 10 ] The mother has begun another process to obtain a psychiatric diagnosis through the A Hospital but the results are not known for now. [ 11 ] The grandparents accept to continue to care for the child.

They were assessed and accepted as foster parents. [ 12 ] As requested in the last court order, the grandparents identified younger family members who could take over caring for the child in the future should this become necessary. [ 13 ] Given the above, it appears necessary to make a long-term plan for the child.

As such, the recommendations put forward today appear to be in the child’s best interest. [ 14 ] That said, given the grandparents’ age, continued vigilance will be required to ensure that any change in caregiver down the road is carefully planned so as to minimize adverse effects on the child. [ 15 ] AS A RESULT AND FOR THESE REASONS, THE COURT : [ 16 ] GRANTS the Application for Extension ; and [ 17 ] DECLARES that the security or development of the child, X, is still in danger; [ 18 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 OF THE YOUTH PROTECTION ACT , THE

COURT ORDERS THE FOLLOWING MEASURES : [ 19 ] ORDERS that the child be entrusted to the foster home of his maternal grandparents, Mrs. B and Mr.

C; [ 20 ] ORDERS that the frequency and modality of contact between the child and the mother be determined by agreement between the Director of Youth Protection and the maternal grandparents, including supervision as deemed necessary; [ 21 ] RECOMMENDS that the mother take steps to address her mental health issues, follow the recommendations ensuing from the psychiatric and psychological assessments, complete an assessment at the A Institute or any other qualified institution and follow the recommendations, and report her progress to the Director of Youth Protection; [ 22 ] AUTHORIZES the Director of Youth Protection to exchange pertinent information with treating professionals working with the family; [ 23 ] ORDERS that aid, counsel and assistance be provided to the child and the family; [ 24 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A for the purposes of the execution of this judgment; [ 25 ] ORDERS the execution of this judgement by any peace officer, if necessary; [ 26 ] ALL OF THESE ORDERS will apply until the child’s age of majority. _______________________________________ CLAUDE LAMOUREUX, J.C.Q.

Signed on February 4, 2020 Me Dominique Douglas Attorney for the Director Me Karine Doherty Attorney for the child Me Karine Dallaire Attorney for the Mother Date of hearing : CL/nl January 24, 2020