2019 QCCQ 17558, 2019 QCCQ 17558

Protection de la jeunesse — 198952 2019 QCCQ 17558 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] « Youth Division »

No: 145-41-000402-120 DATE: November 13, 2019 ______________________________________________________________________ BY THE HONOURABLE HERMINA POPESCU, Q.C.J. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X (born on […], 2008) Child and A Mother and B Father ______________________________________________________________________ JUDGMENT ON APPLICATION FOR REVISION AND EXTENSION OF ORDER ______________________________________________________________________ WARNING: The Youth Protection Act (Y.P.A.) 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 ] Stating that new facts have arisen since this Court’s last order ( November 7, 2018), the applicant asks the Court to revise it and entrust the child to a foster family until December 31, 2019 and progressively integrate X into his mother’s home until that date and afterwards to be entrusted to his mother on January 1, 2020. [ 2 ] The father is absent at the hearing.

The mother agrees to the sought conclusions. [ 3 ] On November 7, 2018, Judge Paradis orders that X be entrusted to his sister, C, until November 31, 2019. [ 4 ] Since that date, X leaves with his sister. His mother leaves nearby. [ 5 ] Since November 2018, X saw his mother every day and he slept over at her home every weekend. [ 6 ] Mother situation improved greatly. [ 7 ] She underwent treatment for her addiction and she is now sober for over one year.

She attended meetings to discuss her struggles and addictions and the results are visible, as the mother is much calmer and in control of her emotions. [ 8 ] Mother has an apartment with 2 rooms, one for X and one for the baby girl of her daughter. [ 9 ] [Social Worker 1], social worker, states [1] : (…) The mother’s tenacity and struggles provided her positive parental capacities that prove she is capable to have X return to her progressively to a full time basis. [ 10 ] X is a very smart and happy child. He has a positive relationship with his mother.

He is also doing well in school and does not have any behavioral problems. [ 11 ] The mother’s efforts are considerable and her situation improved greatly, thus allowing her to have back X on a very short term. THEREFORE, THE COURT : [ 12 ] DECLARES that the security and the development of X are still considered to be in danger;

[ 13 ] REVISES and EXTENDS the Court’s order rendered on November 30, 2019; [ 14 ] ENTRUTS the child’s situation to the Director of Youth Protection until June 30, 2020 , under the following conditions: [ 15 ] ORDERS that the child be entrusted to a foster family until December 31, 2019; [ 16 ] AUTHORIZES that the child be progressively integrated into his mother’s home from now until December 31, 2019; [ 17 ] ORDERS that the child be entrusted to his mother as of January 1, 2020; [ 18 ] ORDERS that the contacts between the child and his father be determined by agreement between the parties and following the desire of the child; [ 19 ] RECOMMANDS that the contacts between the child and his paternal grandparents be maintained and supervised by the Director of Youth Protection as long as deemed necessary; [ 20 ] ORDERS that the child benefits from Health and Social Services as long as deemed necessary; [ 21 ] ORDERS that the mother actively participates in the application of these measures in order to put an end to the situation of endangerment; [ 22 ] ORDERS that the Director of Youth Protection provides aid, counsel and assistance to the child and to his parents; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of this order; __________________________________ HERMINA POPESCU, J.C.Q.

M e Louyse A. Lemieux Smith and Lemieux For the applicant M e Ariane Cayer For the child M e Isabelle Gagnon For the mother Filed on : November 29, 2019