2015 QCCQ 19484, 2015 QCCQ 19484

Protection de la jeunesse — 154712 2015 QCCQ 19484 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-028621-142 Date: October 8, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2014 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Youth and Family Centres A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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.). [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 8, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a motion for revision and extension of an order rendered by the undersigned, on January 13, 2015, whereby the now fifteen month-old child, X , was entrusted to the care of her paternal grandmother, at the exclusion of her parents, with aid, counsel and assistance, for a period of six months. [ 3 ] The facts alleged in support of the motion for revision and extension dated June 10, 2015, are as follows: 3.1. the child has been thriving while in the care of her paternal grandmother, Mrs. C; 3.2. Mrs.

C has been approved as a foster family for the child; 3.3. the parents have been in contact with the child every weekend and on special occasions; 3.4. the child has developed an attachment to her grandmother and to her parents; 3.5. some gains have been noted in the parents’ motivation and commitment to seek treatment; 3.6. from February 5, 2015, to April 2, 2015, the father attended his addiction treatment at Pavilion Foster; 3.7. the father confirmed that, despite the fact that he completed his treatment program, he continued to consume alcohol on occasions and marijuana on a regular basis; 3.8. the father is planning to start treatment for conjugal violence at ACCROC in June 2015; 3.9. on February 26, 2015, the mother began to receive mental health follow-up at La Citad’Elle; 3.10. the mother’s drug and alcohol testing results are consistently negative;

3.11. both parents recognize that they need to continue working on the conjugal violence issues in their relationship as well as their own personal follow up (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the foster family of her paternal grandmother for a period of six months, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Verreault-Nantel, admitted most of the alleged facts but argued for increased contacts with her daughter as well as a quicker reintegration to her care. [ 6 ] The father, assisted by Me Lefebvre, also admitted most of the alleged facts and agreed to a quicker reintegration although he would have preferred his daughter’s immediate entrustment to his and the mother’s care. [ 7 ] Me Plourde, on behalf of the child, made no admissions but approved of the measures finally agreed upon by the parties. [ 8 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Court Report, written by [social worker 1], dated June 10, 2015; D-2: En liasse, Letters from Centre de readaptation en dependence Foster, written by Carol Ann Milch (filed under

Section 294.1 C.p.c.); D-3: En liasse, Letter from La Citad’Elle de Lachute, written by Sophie LaRoche, dated April 14, 2015 (filed under

Section 294.1 C.p.c.). [ 9 ] The mother filed Exhibit M-1: M-1: Confirmation de suivi de Mme A , signed by Sophie L., intervenante externe , dated October 7, 2015. [ 10 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 11 ] Moreover, the parties were able to agree upon a

schedule to gradually increase the child’s unsupervised contacts with her parents to ensure her safe return to their care within an acceptable delay, if all goes well. [ 12 ] In the meantime, both parents acknowledge the need to sustain their efforts to redress the situation. [ 13 ] The mother has been actively seeking services to address issues relating to conjugal violence as attested to at Exhibit M-1. [ 14 ] The father has also taken steps to improve his anger management and agrees to allow the Director of Youth Protection to confirm his completion of the program.

He is also attempting to continue to abstain from alcohol and drug use [2] . [ 15 ] As summarized in the Court report the parents must consolidate their gains and it will be important to proceed cautiously: In our view, it would be premature to return X to the care of her parents at this time in light of the above. First, the parents have not met all their objectives. Secondly, we do not want to crate a situation where X is returned to their care and then has to be removed again, sadly a feature of Ms. A’s history with her two older children.

We believe X should remain with her grandmother for a further period while the parents consolidate their gains and stabilize their situation, perhaps with some increased latitude in their access in order to gauge their care for X more autonomously. [3] [ 16 ] It is hoped that a progressive increase in unsupervised contacts between the child and her parents will allow for her safe, complete integration to her parents care following the agreed upon schedule. [ 17 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the agreement reached between the parties is in the child’s interest.

THEREFORE, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the child, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 20 ] ORDERS that the child remain entrusted to the foster home of her paternal grandmother, Ms. C with a possible progressive reintegration to her parents’ care following the

schedule below; [ 21 ] ORDERS that the frequency and modality of contacts between the child and her parents be determined by the Director of Youth Protection following the terms of the agreement reached between the parties on the day of the hearing, more particularly that unsupervised visits between the parents and their child will begin one day a week immediately upon receipt of confirmation from ACCROC to the Director of Youth Protection that the father has completed a twelve-session treatment plan for conjugal violence as he alleged; Following four consecutive unsupervised visits , provided that the visits have gone well, without incident, unsupervised visits between the child and her parents will be increased to include full weekends with the parents; Provided that the visits continue to go well, a progressive reintegration to the parents’ full-time care will occur four months after the first unsupervised visit ;

[ 22 ] TAKES JUDICIAL NOTICE of the father’s undertaking to sign a consent today authorizing the Director of Youth Protection to communicate with ACCROC to obtain confirmation that his treatment plan has actually been completed; [ 23 ] RECOMMENDS that the parents continue to seek services to address their personal issues, including conjugal violence and substance abuse; [ 24 ] ORDERS that the father refrain from consuming or being under the influence of alcohol or drugs when in the presence of the child; [ 25 ] RECOMMENDS that the father continue to submit to random drug testing upon request by the Director of Youth Protection; [ 26 ] RECOMMENDS that contacts between the child and her paternal grandmother continue to be encouraged in the event that the child becomes entrusted to her parents, to ensure that she maintains close ties with her grandmother; [ 27 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the child and her family; [ 28 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 29 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 30 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Georgia Limperis Attorney for the Director of Youth Protection Me Guylaine Plourde Attorney for the child Me Mélodie Verreault-Nantel Attorney for the mother Me Josée Lefebvre Attorney for the father TD/vl