2018 QCCQ 11275, 2018 QCCQ 11275

Protection de la jeunesse — 181552 2018 QCCQ 11275 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-008247-167 DATE : April 5th, 2018 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...], 2016 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 ] T he Director of Youth Protection (the Director) petitions the Court with an Application for extension of a Court decision dated April 25, 2017. [ 2 ] Following this decision, the Court ordered that the child be entrusted to his paternal grandmother, Mrs. C for a period of one year and ordered that the contacts between the child and the mother be following an agreement between the parties concerning the terms, the frequency and the degree of supervision.

The Court also ordered that a person working for an institution or body provides aid, counselling or assistance to the child and his family for the same period. [ 3 ] Today, the Director recommends to extent the last Court order until the majority of the child, which is [...], 2034. [ 4 ] The parents and the child’s lawyer agree with the recommendations of the Director. [ 5 ] The child lives with his paternal grandmother since January 25, 2016. He is developing well and Mrs.

C is his principal parental figure. [ 6 ] The child has regular contacts with his sister who is living with her maternal grandmother until her majority. [ 7 ] The father is still living at his mother’s domicile and he is working as a consumer support agent. He is a positive figure for his child. [ 8 ] He continues to work on improving his personal situation and demonstrates a good collaboration with the Director. [ 9 ] The father acknowledges that the grandmother is the main caregiver and plays an important role in his son’s development.

[ 10 ] The mother goes to the grandmother’s house to see her child. The contacts are positive. [ 11 ] The mother is working on her personal issues in order to be more present for her son. She agrees to continue meeting with a mental health professional to address her anxiety. [ 12 ] In the presence of his mother, the child remains more reserved due to her instability with the contacts. Although, since December 2017, the mother is making good efforts to see her son more regularly. [ 13 ] There is no conflict between the mother and the paternal grandmother.

ANALYSIS [ 14 ] The parents recognize not being able to assume the child on a permanent basis. [ 15 ] Both parents consider that the child has established secure bond with his paternal grandmother. [ 16 ] Considering that the child is living with his paternal grandmother since his birth, considering his need of stability and continuity, the Court entrusts him to his paternal grandmother until his majority. [ 17 ] The paternal grandmother has been recognized as a foster family of proximity. [ 18 ] Given the admission and the content of the report, The Court is satisfied with the evidence adduced regarding the allegation.

The measures proposed are in the best interest of the child.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and the development of the child are still in danger; [ 21 ] EXTENDS the Court order rendered on April 25, 2017; [ 22 ] ORDERS that the child be entrusted to his paternal grandmother, Mrs C until majority; [ 23 ] ORDERS that the contacts between the child and his father be following agreement between the parties; [ 24 ] ORDERS that the contacts between the child and his mother be following agreement between the parties concerning the terms, the frequency and the degree of supervision; [ 25 ] ORDERS that the parents of the child take an active

part in the application of the measures; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 28 ] THE WHOLE until the majority of the child, which is [...], 2034. __________________________________ Lyne Morin , J.C.Q. Me Audrey-Anne Monière Attorney for the Director Me Jean Pierre Gaudreau Attorney for the child Me Alexandre Germain Attorney for the mother Me Kathleen O’Meara Attorney for the father Date of hearing : Signed judgment: April 5th, 2018 April 12th, 2018