2016 QCCQ 19616, 2016 QCCQ 19616

Protection de la jeunesse — 1610320 2016 QCCQ 19616 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-030174-155 Date: December 1, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2015 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother The parent 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 December 1, 2016, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for extension of an order rendered by the undersigned, on October 28, 2015, whereby the now fifteen month-old child, X , was entrusted to the care of his maternal grandmother with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Motion for extension dated October 5, 2016, are as follows: 3.1. the child is doing well overall; 3.2. the mother has left the home for several hours, or days on occasion, with the child; and without grandmother or DYP’s authorization; 3.3. the mother did secure a full time daycare for the child; 3.4. the mother and the grandmother’s relationship has greatly improved; 3.5. although the mother has appropriate parental skills, her young age and questionable decisions have raised concern regarding her choices when it comes to prioritizing the child; 3.6. more time is needed to assess mother’s parental capacity, and continued Youth Protection and intervention are needed; 3.7. the mother agrees with the extension of the current arrangements and with the social intervention (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, and given continued positive developments in the child’s situation since the date of the motion, the Director recommends that the child be entrusted to the care of his mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Lavigueur, admits all the alleged facts and consents to the proposed measures. [ 6 ] Me Harvey, on behalf of the child, made no admissions but also approved of the measures proposed by the Director of Youth

Protection. [ 7 ] The Director filed Exhibit D-6 as evidence: D-6: Court report, prepared by [Social Worker 2], dated September 13, 2016. [ 8 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 9 ] Moreover, the mother has demonstrated that she is a devoted and capable parent: Although Ms. A is a young mother, she understands X’s needs and is able to properly meet them. […] X continues to live in the home with his maternal grandmother and mother, and is developing appropriately. Ms. A appears to be very comfortable and at ease with X, and is able to tend to all his needs and wants.

It is evident that she is a wonderful and comforting mother, who knows how to feed, bathe, change, play and soothe X. [2] [ 10 ] However, it is admitted that continued Director of Youth Protection involvement remains necessary to ensure that the mother continues to meet her son’s needs as she becomes more independent and less reliant on her own mother’s assistance. [ 11 ] 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 recommendations are in the child's interest.

THEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of the child, X , remain in danger 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: [ 14 ] ORDERS that the child be entrusted to the care of his mother TAKING JUDICIAL NOTICE that the child’s mother will be residing with the child at Héberjeune; [ 15 ] RECOMMENDS that the mother follow the recommendations of her Parental Capacity Assessment as well as her psychological assessment; [ 16 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the child and his family; [ 17 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 18 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Marie-Josée Paiement Attorney for the Director of Youth Protection Me Sonia Harvey Attorney for the child Me Marie-José Lavigueur Attorney for the mother TD/vl