2013 QCCQ 17277, 2013 QCCQ 17277

Protection de la jeunesse — 135911 2013 QCCQ 17277 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 525-41-025177-114 DATE: October 21, 2013 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of Batshaw Youth and Family Centres Applicant - and - X Born on […], 2011 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of October 21, 2013, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for extension of an order rendered November 9, 2012, entrusting the child to the care of her paternal aunt, Ms.

C , for a period of nine months with a social follow-up and other measures. [ 3 ] The principal facts alleged in support of the motion are the following: . the child has remained in the care of her paternal aunt where she continues to meet all of her development milestones; . the father has frequent visits with the child, as she resides with the father’s sister; . the father has been taking parenting courses offered by Batshaw Youth and Family Services; . the mother was released from prison around February 22, 2013; . the mother maintained sporadic contacts with the child; . in March 2013, the mother informed the youth protection worker that she had started an anger management course; . from May 21, 2013 to June 9, 2013, the mother’s whereabouts remained unknown; . in June 2013, the mother was arrested again for a breach of conditions and is now incarcerated; . a permanent plan is currently being pursued for the child, as neither parent has demonstrated the ability to effectively care for her at this time.

[ 4 ] The Director of Youth Protection recommends that the child remain entrusted to the care of her paternal aunt for a period of nine months and that a social follow-up provided to the family for the same period. [ 5 ] The mother admits the facts alleged in the motion and agrees with the recommended measures. The mother was just released from jail and currently cannot provide an address. The mother agrees to continue collaborating with DYP. [ 6 ] The father admits the majority of the facts alleged in the motion and agrees with the recommended measures.

However, the father testifies that he wishes to have extended contacts with his daughter. He states that he has completed the Terrific Toddler’s Program given by Batshaw and that he has completed his therapy with A Center. He sees his daughter every Saturday and wishes to receive her on weekends. He is currently unemployed and lives with his own father. [ 7 ] Counsel for the child considers that the measures recommended by DYP are in the child's best interest. [ 8 ] The Court also heard the testimony of [Social Worker 1], youth worker, and read the Court report dated August 2, 2013.

The evidence reveals that the parents are not in a position to care for the child on a daily basis. The parents must first address their personal difficulties. [ 9 ] The child is doing well in her paternal aunt’s care to whom she was entrusted as a baby. This stable and supportive environment answers to all her needs. The Director of Youth Protection has filed a motion for tutorship concerning the child.

However, the father is contesting this motion, which will be heard in February 2014. [ 10 ] Under the circumstances, it is in the child’s best interest to be maintained in the care of her paternal aunt with a social follow-up for a period of nine months. [ 11 ] The evidence and the admissions made have convinced the Court that the security and development of the child are still compromised. [ 12 ] THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES still compromise the security and development of the child, X; [ 15 ] ORDERS that the child, X, be entrusted to the care of her paternal aunt, Ms.

C, for a period of nine months; [ 16 ] RECOMMENDS that the child attend daycare; [ 17 ] ORDERS that the contacts between the child and her parents be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 18 ] ORDERS the mother to submit to random drug testing upon request from the Director of Youth Protection; [ 19 ] TAKES JUDICIAL NOTICE that the mother agrees to submit to random drug testing; [ 20 ] TAKES JUDICIAL NOTICE that the father has completed the Terrific Toddler’s Program in January 2013; [ 21 ] RECOMMENDS that the father continue to participate in his therapy at A Center; [ 22 ] ORDERS the parents to collaborate with the Director of Youth Protection, to meet with the youth workers as requested, and to inform them of any change of address or telephone number in a delay of 24 hours; [ 23 ] ORDERS that aid, counsel and assistance be provided to the child and her family, the whole for a period of nine months; [ 24 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall see that the measures are carried out; [ 25 ] ORDERS the execution of the present order by any peace officer.

Signed November 5, 2013 Ann-Marie Jones, J.C.Q. AMJ/dg

Me Isabelle Loranger Counsel for the Director of Youth Protection Me Guy Luc Grondin Counsel for the child Me Daniel Bouchard Counsel for the mother Me Marc Morin Counsel for the father Date of hearing: October 21, 2013