2021 QCCQ 17297, 2021 QCCQ 17297

Protection de la jeunesse — 2110065 2021 QCCQ 17297 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 455-41-001258-201 DATE : December 9, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2019 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A Child’s mother -and- UNDECLARED FATHER Child’s father ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ 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.). Introduction [ 1 ] The Director is requesting for the revision of the Court order rendered on September 28, 2020. [ 2 ] By this order, the Tribunal declared the security and development of the child X still in danger for the motive of serious risk of neglect. [ 3 ] As protective measures, the Court entrusted the child to the mother’s aunt, Ms.

B who as to be evaluated as a proximity foster home, authorized supervised contacts between the child and the mother, according to the modalities set with the Director, excluding the mother’s spouse Mr. C, prohibited all contacts between the child and Mr.

C, ordered different measures including a social follow up for a period of one year. [ 4 ] Today, the Director considers that the security and the development of the child are still in danger for the same motive. [ 5 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court entrust the child to the foster family of Mrs.

B, authorize contacts with the mother supervised by a third party designated by the Director, upon agreement and according to the modalities set with the Director, failing agreement, the contacts are to be determined by the Director, take notice that Mr.C will be allowed to be present during the supervised contacts, take notice of the Director’s intention to clarify a permanent life plan for the child and to order a social follow up for another period of one year.. [ 6 ] At the hearing on December 9, 2021, the mother is present and not represented by a lawyer.

She agrees with the recommended measures while also mentioning that she would like the child to be entrusted to Mr. C at the next Court order.

[ 7 ] The child’s lawyer is also in agreement with the Director’s recommendations. Evolution of the situation [ 8 ] X is now two years old and lives with his maternal great-aunt, Mrs B, where he is developing well and meeting his age’s milestones. [ 9 ] The mother still lives with her spouse, Mr C, and has given birth to their child on [...], 2021. [ 10 ] The new baby was entrusted to a foster family at birth but was returned to Mr. C’s care on November 5 th , 2021 as he has positively evolved. [ 11 ] Mr.

C collaborates with the social follow up and supports the mother in many ways. [ 12 ] That is why the Director asks to raise the interdiction of contact with him. [ 13 ] Mr.

C is very concerned to prove that the mother is able to care for her children. [ 14 ] The mother attends all weekly supervised visits with X as well as the child's medical appointments, except for health reasons. [ 15 ] Some visits go better than others, depending on the mother’s capacity to respond to the child’s needs. [ 16 ] She does not initiate much interaction with X on her own, but imitates what we have shown her. [ 17 ] Her capacity to learn is limited as to the information she can process at a time. [ 18 ] Ms.

A believes her deficits and limitations are linked to the physical abuse which she sustained from physical abuse.

According to her, she was hit several different times on the head. [ 19 ] Nonetheless, t he mother has shown the capacity to take care of the child's basic needs once she has been shown what to do. [ 20 ] The child does not seem to show any negative reactions to the contacts with the mother and appreciates the visits. [ 21 ] She offers a good collaboration with the social follow-up, although she has refused to sign the intervention plan. [ 22 ] The mother says that she no longer consumes drugs or alcohol and there has been no indication otherwise. [ 23 ] Although Mr.

C and the mother’s child is at home with them, a permanent plan must be considered differently for X as he has been living with Ms. B since he was 9 months old which is close to 2/3 of his life. [ 24 ] Nonetheless, it is too soon right now to decide on this matter which will be the next hearing’s debate. [ 25 ] Having read the report and heard the mother’s testimony and the worker’s, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the child X are still in danger for serious risk of neglect; REVISES the Court order rendered on September 28, 2020 in the present file; ENTRUSTS the child to the foster family of proximity of Mrs B; AUTHORIZES , in the child’s favour, contacts with his mother, supervised by a third party designated by the Director of Youth Protection, upon agreement and according to the modalities set with the Director of Youth Protection; failing agreement, the contacts will be determined by the Director of Youth Protection; TAKES JUDICIAL NOTE that the mother’s spouse, Mr C, will be allowed to be present during the contacts upon agreement with the Director of Youth Protection; ORDERS that the mother take an active

part in the application of any of the measures ordered, namely that she collaborates to the elaboration of the intervention plan and the social follow-up; TAKES JUDICIAL NOTE of the Director of Youth Protection’s intention to clarify a permanent life project during the measure; ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child and his family for a period of one (1) year; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Marie-Pier Trépanier Counsel for the DYP M e Maryse Pinsonneault Counsel for the youth Deposited pieces: D-8 to D-9