2017 QCCQ 4387, 2017 QCCQ 4387

Protection de la jeunesse — 171439 2017 QCCQ 4387 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000495-157 DATE: February 1, 2017 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2008 Child -and- A -and- B Parents/Respondents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 child has been placed with her maternal aunt, as a foster family, for a little more than one year. [ 2 ] On June of 2016, the Court orders that the child remain in foster care for several months. [ 3 ] The director of youth protection (DYP) now asks the Court to extend the placement for three additional months, while undertaking a gradual return of the child into the mother’s care.

The DYP also recommends a follow-up until the end of August of 2017. [ 4 ] Both parents as well as the child’s attorney express their consent to all protective measures suggested by the DYP. [ 5 ] The situation revealed by the evidence can be summarized as follows. [ 6 ] The mother entered A treatment centre, in order to get help for her addictions. She left after 13 days, but she is involved in out- patient addiction treatment with a counsellor. She also attends all her appointments with the youth protection worker. [ 7 ] The mother also met with a psychologist on numerous occasions.

He proceeded to a psychological evaluation, including parental capacities. He concludes that the mother, despite expressing good intentions, remains very fragile. The mother states being drug free, but she is vulnerable to a relapse. The psychologist also indicates the mother shows immaturity and lack of insight, due to an intellectual deficit in verbal comprehension. That has an impact on the mother’s parenting. [ 8 ] Nevertheless, the mother has positive contacts with all her three children. The length and frequency of visits were gradually increased. The visits now include sleepovers.

The child appreciates contacts with her mother and expresses her wish to go back living with her. [ 9 ] The father is not involved in youth protection follow-up. Lately, he has expressed his desire to have contacts with his daughter. [ 10 ] It is reasonable to foresee the child’s reintegration into her mother’s care in a near future. However, considering the mother’s frailty, it has to be done gradually and under close surveillance. The DYP will have to keep an eye on the family’s situation in order to avoid any risk for the child’s security.

WHEREFORE, THE COURT: [ 11 ] GRANTS the application for revision and extension of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 13 ] REVISES AND EXTENDS the Court order rendered on June 8, 2016; [ 14 ] ORDERS that the child be entrusted to a foster family until April 30, 2017; [ 15 ] AUTHORIZES that the child benefit of progressive reintegration with her mother starting now; [ 16 ] ORDERS that the child be entrusted to her mother on April 30, 2017; [ 17 ] ORDERS that the contacts between the child and her parents take place upon agreement between parties; [ 18 ] RECOMMENDS that the mother receive psychological counselling for her personal issues; [ 19 ] RECOMMENDS that the mother involve herself for drugs and alcohol counselling and follow-up if deemed necessary by the professional; [ 20 ] ORDERS that the parents participate actively to the application of the ordered measures; [ 21 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until August 28, 2017; [ 22 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier Rivet for the applicant Me Cédric Leblanc Falardeau for the child Mrs. A the mother Mr. B the father Written judgment filed on February 6, 2017