2019 QCCQ 15053, 2019 QCCQ 15053

Protection de la jeunesse — 1911735 2019 QCCQ 15053 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002213-186 DATE : November 28, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2016 and A Mother _____________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on November 28, 2019. [ 2 ] The court is seized of an application for extension presented by the Director of youth protection (DYP) of a decision rendered on November 20, 2018, requesting that the security and development of the child be declared still in danger. [ 3 ] Consequently DYP asks the Court to entrust the child to his maternal grandmother, Ms. B, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the child still compromised? In the affirmati-ve, do the recommended measures answer her needs and are they in her best interest? Context and Analysis [ 5 ] The proof reveals that the mother puts herself in action and is creating a solid bond with the child. She is pregnant with her fourth child and she is determine to regain the custody of X as soon as possible.

She is sober for 6 months. [ 6 ] As the DYP informs the Court that such reintegration has begun and it is going forward slowly but surely for the child to remain with his mother. [ 7 ] The grandmother insure the Court she will take care of her grandchild as long as necessary, and she will support her daughter when X will be living with his mother.

[ 8 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the measures suggested meet her needs and deemed to be in her best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application; [ 10 ] DECLARES that the security and development of the child are still compromised; [ 11 ] EXTENDS the decision rendered on November 20, 2018; [ 12 ] ENTRUSTS the child to his maternal grandmother Ms B; [ 13 ] TAKE JUDICIAL NOTICE that the child is gradually integrated under the care of his mother; [ 14 ] ORDERS the mother to report periodically to the DYP on the measures she apply in her own regard or in her child’s regard, to put an end to the situation in which the security or development of the child is in danger; [ 15 ] ORDERS the mother to take an active

part in the application of the measures ordered by the tribunal; [ 16 ] ORDERS the mother to report in person, at regular intervals, to the DYP to inform him of the current situation; [ 17 ] ORDERS that the child and his family receive the services of an external educator as long as deemed necessary by the professionals; [ 18 ] ORDERS the mother to remain sober and without any violent behaviour in the presence of the child; [ 19 ] ORDERS the mother to seek help through the Social Services concerning her alcohol/personal issues; [ 20 ] ORDERS that the contacts between the child and his mother be determined by the DYP, as for their modalities and frequency; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family, including unannounced visits; [ 22 ] ENTRUST the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE , until November 30, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Adèle Cyr Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the child Mtre Éliane Villemur Counsel for the mother