2022 QCCQ 3157, 2022 QCCQ 3157

Protection de la jeunesse — 221757 2022 QCCQ 3157 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006323-201 DATE: March 7, 2022 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2016 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B Parents ______________________________________________________________________ JUDGMENT Article 95 (1) & (2) of the Youth Protection Act ______________________________________________________________________ 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 ] On November 3, 2020, the Court extends various protective measures put in place in regards to the child as results from elements of neglect and his exposure to his parent’s conflictual dynamic. This includes his remaining under his mother’s care while benefitting from supervised visits with his father. [ 2 ] Although there has been an overall improvement of the parent’s response to their various challenges, concerns remain.

Such is particularly the case in regards to the father’s ability to respond to his son’s needs on a prolonged basis. The Director seeks a renewal of the measures for another 6 months. [ 3 ] The mother, and the child’s attorney (under a legal mandate), subscribe to the Director’s evaluation and orientation. [ 4 ] The Court proceeds in the father’s absence as the evidence demonstrates that he is well aware of the hearing and even refuses an offer of transport. [ 5 ] After having considered the evidence, the Court endorses the conclusions. The following elements justify this decision.

Analysis and decision [ 6 ] The child is evolving well under his mother’s care. He integrates a special needs school and is receiving services adapted to his specific needs. His ability to communicate is improving. [ 7 ] The mother remains implicated and, on a personal level, maintains her stability. [ 8 ] The father is making positive strides in his personal situation. He is still working towards maintaining a durable sobriety and maintains having ceased taking hard drugs for a year. He participates in a methadone treatment.

He is seen to be on the path to recovery. [ 9 ] The parents are generally able to communicate together as concerns their son. Although their relationship is less conflictual, issues can still arise which raise tensions. The mother is able to set limits on the father and remains vigilant as to his state. [ 10 ] The father has supervised visits with his son on a weekly basis. The child appreciates these contacts and they share an affectionate bond. [ 11 ] Although the father is collaborative, he misses many visits in the last year for various reasons. On a more concerning level, he

is observed to be drowsy and inattentive, even falling asleep. [ 12 ] His doctor informs the caseworker that this can be a side effect of his medications and methadone treatment. She agrees that he should not be left alone with his child at the present time. [ 13 ] In November 2021, the Superior Court awards the custody of the child to his mother.

The father’s access remains supervised. [ 14 ] Factors of precariousness remain in relation to the durable nature of the changes put in place, but the Court recognizes that both parents have made significant efforts to respond to situation of endangerment. [ 15 ] While working towards the consolidation of these changes, the next period serves to accompany the parents to put in place the services permitting them to pursue their respective roles without the Director’s accompaniment.

FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and the development of the child still in danger; [ 18 ] REVISES and EXTENDS the Court order rendered on November 3, 2020; [ 19 ] MAINTAINS the chid with his mother; [ 20 ] ORDERS that the contacts between the child and his father be following agreement between the parties and in the presence of a third party chosen by the Director; [ 21 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 22 ] ORDERS that the parents take an active

part in the application of the measures; [ 23 ] ORD ERS that a person working for an institution or body provide aid, counselling or assistance to the child as well as his family; [ 24 ] THE WHOLE for six months; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Noémie Plante Attorney for the Applicant Me Maryse Fournier Attorney for the mother Me Mylène Sabourin-Simard Attorney for the child Date of hearing: March 7, 2022 Date of signature: March 29, 2022