2022 QCCQ 2149, 2022 QCCQ 2149

Protection de la jeunesse — 221172 2022 QCCQ 2149 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-036989-200 Date: March 21, 2022 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2018 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 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 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of March 21, 2022, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned on September 10, 2021, whereby the now three year-old child, X , was entrusted to the care of Ms. C and Mr. D until December 17, 2021, with a gradual reintegration to his father’s care with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for revision dated December 9, 2021, are as follows: 3.1. since the last court hearing, the child has remained in the care of Ms. C and Mr.

D; 3.2. in or around September, the mother was incarcerated at Leclerc Detention Centre; 3.3. the father continues to attend couple’s counselling and individual therapy; 3.4. at this time, it is premature to integrate the child into the father’s care and the latter acknowledges needing more time (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the care of Ms. C and Mr. D until June 21, 2022, with a gradual reintegration to his father’s care to begin immediately, at the exclusion of his partner, Ms.

E, until agreed upon by all parties, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Morin, admitted the alleged facts except paragraph 3.3 which was ignored and consented to the proposed measures. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts and also consented to the proposed measures. [ 7 ] Me Bissonnette, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibit D-13 as evidence:

D-13: 95 Court Report, prepared by [Social Worker 1], dated March 4, 2022. [ 9 ] In

summary, the father remains collaborative and determined to assume full-time care of his son beginning in June. [ 10 ] He acknowledges a serious incident of domestic violence with his partner E and undertakes to work on his anger management and to benefit from individual therapy, as suggested by his counsellor: At present, it is clear that during this period, despite some noted issues, Mr. B has been able to demonstrate his motivation and willingness to care for his son and has shown a commitment to his son’s needs. Mr.

B has acknowledged his challenges and understands that requires individual therapy in order to further ensure that he work on his anger. Mr. B continues to show growth in his decision making and his ability to manage his anger and has remained forthcoming and collaborative with the undersigned. [2] [ 11 ] It will be essential that he make the time to do so despite his busy

schedule to prevent his son from being exposed to any further trauma and instability in his life. [ 12 ] He acknowledges before the Court that he and his partner know that they have issues to resolve in their relationship before they can consider living together with the child. [ 13 ] The parties agree that the Director will monitor the situation to determine when that can safely occur. [ 14 ] In the meantime, the father lives with his own father and can count on his support when the child is returned to his care. [ 15 ] As for the mother, she remains incarcerated and maintains regular video and phone contacts with the child.

Contacts are appropriate and affectionate but they can be upsetting for the child.

However, the most recent contact on March 9 did not appear to elicit any negative reactions. [ 16 ] The Director of Youth Protection intends to continue to facilite video and telephone contacts between the child and his mother despite the logistical challenges due to her detention. [ 17 ] It is expected that video contacts will occur once every two weeks or at least once a month, if possible. [ 18 ] Ongoing contacts between the child and his foster family will also be encouraged after the child’s return to his father’s care. [ 19 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child’s interest.

THEREFORE, THE COURT: [ 20 ] GRANTS the application; [ 21 ] 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: [ 22 ] ORDERS that the child remain entrusted to the care of Ms. C and Mr. D until June 21, 2022, with a gradual reintegration to the father’s care to begin immediately, at the exclusion of Ms.

E until agreed upon by all parties; [ 23 ] ORDERS that the parents ensure that the child is not exposed to anyone under the influence of alcohol or drugs; [ 24 ] RECOMMENDS that the father undergo random drug testing TAKING JUDICIAL NOTICE of the father’s undertaking to do so; [ 25 ] ORDERS that the parents ensure that the child is not exposed to any form of violence; [ 26 ] ORDERS that the frequency and modality of contacts between the child, his parents, Y, and Ms.

E be determined by the Director of Youth Protection, including supervision if deemed necessary TAKING JUDICIAL NOTICE that the Director of Youth Protection is aiming to organise contacts every two weeks or at least once a month by video with the mother, insofar as possible given the logistical challenges related to her detention; [ 27 ] STRONGLY RECOMMENDS that the father receive individual counselling and conflict/stress management services, and that he participate in couple’s therapy with his partner, for as long as deemed necessary by the treating professionals; [ 28 ] STRONGLY RECOMMENDS that the mother continue to participate in therapeutic services and that she follow the recommendations from her parental capacity assessment; [ 29 ] ORDERS a prohibition of contact between the child and Mr.

F; [ 30 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with treating professionals working with the family; [ 31 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family; [ 32 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de

services sociaux A , who shall then see that the measures are carried out; [ 33 ] THE WHOLE for a period of twelve months. Signed on March 29, 2022 TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Marc Bissonnette Attorney for the child Me Marc Morin Attorney for the mother TD/vl