2019 QCCQ 18787, 2019 QCCQ 18787

Protection de la jeunesse — 197995 2019 QCCQ 18787 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000557-170 DATE: October 10, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2015 Child -and- A -and- B Parents ______________________________________________________________________ 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.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on November 19, 2018, in respect of the child. They ask that the child be returned to her maternal environment. [ 2 ] At the hearing, nobody is present. However, the mother signed a letter stating her impossibility to make it to court but she agrees with the recommendations of the DYP. The child’s counsel shares the mother's position.

The report is filed to value the testimony of its author. [ 3 ] Since the last court order, the situation of the mother has improved positively. It must be remembered that at the time the mother just lost her spouse and the father of her children. She was struggling and was totally disoriented leading to the loss of custody of her children. [ 4 ] That being said, the mother took charge quickly to solve her problems in order to take back her children. She benefited from supervised visits with her children at home. Everything goes well, she is reliable and shows stability.

The children are happy to see their mother. [ 5 ] The mother is doing better and looks forward. She undertakes a program to manage the loss of her loved one and her grief but did complete it. Instead, she obtained services from a therapist and has remained consistent with the scheduled visits. She maintains her sobriety and gave birth to a baby girl this past January. She can support her children and provide everything required when they visit. Her apartment is adequate and it contains all the necessary furniture to receive her children. [ 6 ] She collaborates well with the DYP and participates with the services.

In the past year, she has taken all the necessary steps to get back on track. [ 7 ] The mother can provide a structure for her children and she is ready to take back her parental role on full-time basis. There is no doubt in the DYP’s mind that she is able to take care of them. She was dedicated to improve herself and work hard to achieve her goals and cope with her grief. However, she still needs support to pursue her achievements. [ 8 ] The evidence demonstrates that the security and development of the child are still in danger.

Under the circumstances and considering the evidence, the admissions and the consents, the application is well founded. The suggested measures appear to be in the best interest of the child.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 9 ] GRANTS the application for revision and extension of order; [ 10 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 11 ] REVISES AND EXTENDS the Court order rendered on November 19, 2018; [ 12 ] ENTRUST the child to his mother; [ 13 ] ORDERS that the mother actively participate in the ordered measures; [ 14 ] RECOMMENDS that the mother pursue her counselling for her personal issues; [ 15 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child and his family until February 28, 2020; [ 16 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the child Mrs. A the mother (absent) Mr. B the father (deceased) Written judgment filed on October 15, 2019.