2012 QCCQ 18482, 2012 QCCQ 18482

Protection de la jeunesse — 127554 2012 QCCQ 18482 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT [...] N°: 525-41-025854-126 DATE: November 20, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Centres Applicant - and - X Born on […], 2011 - and - A Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Youth Protection Act ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of November 20, 2012, in accordance with the requirements of

section 90 of the Youth Protection Act .

On May 20, 2012, the Court ordered that the child be entrusted to a foster family for six months with aid, counsel and assistance for the same period. [ 2 ] The principal facts alleged in support of the motion are the following: • The child remained in foster family placement and is developing well; • The mother has collaborated with the Director of Youth Protection; • The mother has maintained her own residence; • The mother has been abstinent from drugs and alcohol; • There have been regular visits between the child and mother, which are reported to go well; • There is positive attachment between the mother and child; • The mother underwent a psychological assessment in July 2012 which recommends that the child be returned to the mother’s care under certain conditions; • The mother has agreed to collaborate with an educator to support the reintegration of the child to her care; • The mother agrees to participate in personal counselling to address the trauma she has endured; • The maternal grandmother states her commitment to support the mother and child. [ 3 ] The Director of Youth Protection recommends that the child be entrusted to her mother’s care with a social follow-up for a period of six months.

[ 4 ] The mother admits the facts alleged in the motion and agrees with the recommended measures. The mother testifies that she agrees to participate in individual therapy and to collaborate with the Director of Youth Protection. The mother states that she has taken steps to receive social assistance and that her apartment is adequate to receive X. [ 5 ] Counsel for the child considers that it is in X ’s best interest to be entrusted to her mother’s care.

However, Me Laforce thinks that a social follow-up for a period of six months might not be sufficient, as the mother has only recently taking steps to receive social assistance and needs support in caring for her daughter. [ 6 ] The psychological assessment of the mother was done by D , psychologist, in July 2012. The tests results indicate that the mother is in the low range of cognitive and affective symptoms of depression.

The mother earned a high life stress score, suggesting that she finds herself in stressful circumstances beyond her control. [ 7 ] The psychologist concludes that the mother is able to take care for the child as long as she maintains a stable residence, does not consume drugs while caring for the baby and ensures that the child is not exposed to any type of violence.

Finally, the psychologist recommends that the mother participate in individual counselling to address the difficulties she has experienced in her past and to learn adaptive coping skills in the face of life stresses and challenges. [ 8 ] The Court also heard the testimony of Ms. B , youth worker, and read the reports the Director filed as proof of the child’s situation. The evidence reveals that X is now spending overnights at her mother's and that overall things are going well.

The mother will need support to answer all of X ’s needs and to ensure that she does not give in to X ’s tantrums. [ 9 ] The evidence and the admissions made have convinced the Court that the security and development of the child are still compromised. [ 10 ] THEREFORE, THE COURT: [ 11 ] DECLARES still compromised the security and development of the child, X ; [ 12 ] ORDERS that the child, X , be entrusted to the care of her mother; [ 13 ] ORDERS that the contacts between the child and Mr.

C be determined by the Director of Youth Protection, after discussion with the mother and that all contacts be supervised by DYP or a third party approved by DYP; [ 14 ] ORDERS the mother to ensure that the child is not exposed to any type of violence; [ 15 ] ORDERS the mother not to use drugs while her daughter is in her care; [ 16 ] ORDERS the mother to participate in individual therapy and TAKES JUDICIAL NOTICE that the mother agrees to participate in individual therapy; [ 17 ] ORDERS that the mother have a follow-up appointment with the psychologist, D , in order for her psychological assessment to be explained to her; [ 18 ] TAKES JUDICIAL NOTICE that DYP will refer the mother to resources that can provide her therapy services; [ 19 ] RECOMMENDS that the child attend daycare; [ 20 ] ORDERS the mother to collaborate with the Director of Youth Protection, to meet with the youth workers when requested and to inform the youth worker of any change in her living situation 24 hours in advance; [ 21 ] ORDERS that the mother receive the services of an educator for as long as deemed necessary and TAKES JUDICIAL NOTICE that the mother accepts to receive the services of an educator; [ 22 ] ORDERS that aid, counsel and assistance be provided to the child and her family for a period of seven months; [ 23 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of A Centres, who shall see that the measures are carried out; [ 24 ] ORDERS the execution of the present order by any peace officer.

Signed November 29, 2012 Ann-Marie Jones, J.C.Q.

AMJ/dg Me Heidi Lechter Counsel for the Director of Youth Protection Me Pauline Laforce Counsel for the child Date of hearing: November 20, 2012