2017 QCCQ 20933, 2017 QCCQ 20933

Protection de la jeunesse — 1711301 2017 QCCQ 20933 JB5047 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division N° : 455-41-000940-155 455-41-000941-153 DATE: November 8, 2017 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF THE CHILDREN: X Born on [...], 2006 Y Born on [...], 2008 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection, working at […] Applicant and A , deceased Father and B , […] Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 that the security and development of Y and X be declared still in danger for the motive of neglect on physical needs and on educational levels; [ 2 ] Today the Director is recommending that the children remain entrusted to their maternal grandmother, that contacts with their mother be authorized, taking notice that they are to take place as a joint custody with the grandmother with a view to a full integration by December 25 th , 2017, with aid counsel and assistance and other measures for a period of one year. [ 3 ] The mother wishes for the children to be reintegrated to her care immediately.

[ 4 ] The children’s lawyer, after hearing the evidence, feels it would be better for the mother to benefit of these few weeks to consolidate her progress and ensure the success of the integration. Question in litigation [ 5 ] Are the security and development of the children still in danger? In the affirmative, do the recommended measures answer the needs of the children and are they in their best interest more particularly, when should the children be fully integrated to their mother’s home?

Context and Analysis [ 6 ] Since the last court order, the children remained with their maternal grandmother where they are developing well. [ 7 ] The mother has been regular with her visits and contacts with the children, she calls them every night and have them at her home every week for 2-3 days. [ 8 ] The mother has made great improvement. When the Director intervened, she showed a lack of proactivity concerning the fulfillment of her parental role and involved the children in adult conversations.

She had difficulty in maintaining her house clean and organized. [ 9 ] Now, and during the visits, the mother showed improved implication by participating in more activities with her children and maintaining a healthy routine.

She also maintained her clean up routine at home. [ 10 ] Sometimes, X and Y fight and the mother expressed she wishes to have some tools to better manage their conflicts [ 11 ] The mother completed her first class of the A program and she is registered for the following ones. [ 12 ] The mother offered a good collaboration to the Director, although not always following advice. [ 13 ] The mother still has difficulty understanding the motives that led to the children’s placement. [ 14 ] The mother sometimes has difficulties in regulating her emotions and it has a negative impact on the children.

She needs to take a step back and compose herself before addressing her children. [ 15 ] By the end of May 2017, the mother separated from her spouse. [ 16 ] She was then pregnant and decided to get an abortion. [ 17 ] When discussing the issue of informing the children about the fact that she would not be pursuing her pregnancy, the mother appropriately chose to explain to the children that she lost the baby. [ 18 ] The Director had been working with the mother for her not to address the children with adult matters.

This shows great improvement of the mother as she did not provide an explanation that the children were not ready to hear and that would have been inappropriate for their age. [ 19 ] The issue at stake right now is merely a few weeks. But the mother makes a point insaying that it is harder to install a routine if she does not have her children full time with her. [ 20 ] This being said, the children have only been recently (October 18 th ) integrated in the shared custody type of frequency for contacts. [ 21 ] The mother must understand that we do not wish to precipitate integration to ensure its success.

She should enjoy this time to continue her follow ups, obtain the tools she needs to better manage her children’s quarrels and continue with her good work in the house. [ 22 ] The present judgement completes and confirms each and every observations that were made on the bench in presence of the parties. FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the children are still in danger, regarding the following motives: ̶ 38b)1)(

i) neglect of basic physical needs; ̶ 38b)1)(iii) neglect on educational level; REVISE the Court order rendered on March 29 th, 2017; ENTRUST the children Y and X to their maternal grandmother; AUTHORIZE , in the children’s favour, contacts with their mother, upon agreement with the Director of Youth Protection; TAKE NOTICE that the contacts will take place like a joint custody between the mother and the maternal grandmother;

ENTRUST the children to their mother, starting on December 20, 2017, if the evolution or the situation allows it; ORDER that the mother participate actively to the measures deemed to put an end to the situation; ORDER that a person working for CIUSSS A or any other establishment of body, provide aid, counsel and assistance to the children and their family for a period of one year; ENTRUST the situation of the children X and Y to the Director of Youth Protection to see that the measures are carried out. ___________________________________ PASCALE BERARDINO, J.C.Q.

M e Louise Martel DYP’s counsel M e Pascale Gauthier Children’s counsel M e René Sévigny Mother’s counsel Date of hearing : November 8, 2017 Motives signed and filed: February 14, 2018 File exhibits: D-12