2018 QCCQ 13011, 2018 QCCQ 13011

Protection de la jeunesse — 183568 2018 QCCQ 13011 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-008499-164 DATE : June 27, 2018 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection of A Applicant -and- X , born on […], 2011 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T

Article 95 of the Youth Protection Act ______________________________________________________________________ JM2505 CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection (the Director) presents an Application for Revision and Extension of a Court Decision rendered on January 30, 2018. [ 2 ] Following the said decision, the Court ordered that the child be entrusted to an institution operating a rehabilitation center until June 30, 2018. The Court withdrew the exercise of certain attributes of parental authority from the father and authorized the mother to sign for the child.

The Court also ordered that the contacts between the child and his mother be following agreement between the parties. [ 3 ] Today, the Director requests that the child be entrusted to his mother for a period of one year. [ 4 ] The parents and the lawyer of the child agree with the measures sought by the Director. [ 5 ] An agreement of non attendance by the parties to an uncontested court hearing have been signed by the parents. [ 6 ] Since the last Court order, X has evolved positively at the house A, group home. [ 7 ] He is in constant positive evolution and responds well to the interventions in the group home. [ 8 ] The objective of the placement was to provide the child with a consistent, structured environment that would allow him to recognize his negative behaviour and to equip him with tools necessary to better cope with common, everyday situations. [ 9 ] X has benefited from services given by the Hospital A Day program. [ 10 ] The mother has been evolving positively as well.

She has taken much of the advice and counsel given to her by the workers in

order to help improve her personal situation.

She participates actively and she is proactive in seeking services. [ 11 ] The mother maintained her medical and psychological follow-up and participated to the “Better together” group. [ 12 ] The mother has collaborated with the group home in making sure she receives the tools necessary to assist her son at home. [ 13 ] The mother has participated in several months of group therapy with here psychologist and is currently participating in the Better Together program for parental capacities. [ 14 ] The father is still not present in his child’s life for the moment. [ 15 ] Considering that the mother has improved her coping skills when dealing with her son’s particular and specific needs and considering the significant positive improvements seen in the child’s behaviour and coping skills, X will be entrusted to his mother. [ 16 ] House A is willing to provide respite if the mother request it.

The objective is to offer the mother an extra support when needed with X considering he has been living there for a period of one year. [ 17 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the best interest of the child.

FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the present modified application; [ 19 ] DECLARES that the security and the development of the child are still in danger; [ 20 ] REVISES the Court order rendered on January 30, 2018 in the present file; [ 21 ] ORDERS that the child be entrusted to his mother; [ 22 ] ORDERS that the contacts between the child and his father be following agreement between the parties concerning the terms, frequency and the degree of supervision required; [ 23 ] ORDERS that the parents of the child take an active

part in the application of the measures ordered; [ 24 ] ORDERS that a person working for an institution or body provide aide, counselling or assistance to the child and his family; [ 25 ] WITHDRAWS the exercise of certain attributes of parental authority from the father and AUTHORIZES the mother to sign alone the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport; [ 26 ] AUTHORIZES that the child benefit from respites at the group home House A, when needed; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection of A for the execution of the judgment to intervene herein; [ 28 ] THE WHOLE for a period of one year. __________________________________ Lyne Morin , J.C.Q.

Me Simon Primeau-Laganière Attorney for the Director Me Patricia Denis Attorney for the child Date of hearing : Signed judgment : June 27, 2018 June 28, 2018