2017 QCCQ 17674, 2017 QCCQ 17674

Protection de la jeunesse — 177948 2017 QCCQ 17674 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000493-152 DATE: August 9, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2013 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 February 1, 2017, in respect of the child. His brother and sister are aimed by the same application. [ 2 ] On the day of the hearing, the mother showed up at the Court house.

When the social worker approached her to give a copy of the reports in order for her to read it, she decided to leave even if, she was not in agreement with the conclusions of the application. [ 3 ] The father is not present, even if he was duly notified of the proceeding. The child is also absent but duly represented.

Counsel for the child expresses his consent to the measures proposed by the DYP and the filing of the report to value the testimony of its author. [ 4 ] On February 1, 2016, an order was rendered entrusting the child to a foster family until April 30, 2017, and afterwards to the mother. [ 5 ] At the beginning, the mother begun to work on herself and attended some meeting with different professionals as recommended but it did last long before she dropped everything.

Once again today in court she gives up and leaves instead of being there for his son. [ 6 ] Since this last order, mostly the mother did not get involved with services. She did not make any changes in her life. Neither has she sought for help concerning her addiction problem and personal issues. Basically nothing was done. Many services were put in place to support the mother and help her deal with her issues but it was hard for her to attend the

schedule appointments. [ 7 ] Also, the mother is not transparent with the services and the DYP. She keeps a lot of information for herself. [ 8 ] When the child reintegrate the maternal home on April 30, 2017, it was noticed that the child still goes often to his foster family (maternal aunt) and sometimes for a few days. [ 9 ] The mother has a hard time taking care of the basic needs of her son. Last June, she fails to bring diapers to daycare as requested. She had to ask the child’s aunts to get some for him. One day at daycare, both children were wearing the same dirty clothes and had unclean faces.

The oldest boy mention to his aunt that he was hungry and the youngest boy arrived at daycare with rip shorts.

[ 10 ] Moreover, the mother did not take any step to obtain professional services. It seems that as soon her son got back with her, she stopped making efforts to change her life around. She talks a lot and makes many promises but sadly she does not respect them. [ 11 ] The father is not involved in son’s live and he is unstable. Since the last court order, he did not have any contact with the children. [ 12 ] The child is four years old. He has been living with his maternal aunt (

C) since he is one month old. He was officially entrusted to her care for the past two years and a half through the DYP. But basically, the child has been living with her since he is a newborn. He has a strong bond of attachment with her. [ 13 ] His aunt C testifies in court. She mentions that the child is part of her family. She is ready to take care of him and provide for him until he reaches his majority. Her husband and four children are pleased with that idea. They are all getting along.

Everybody is happy that he will stay with them. [ 14 ] The child needs a secure and healthy environment in order to grow adequately. Considering the instability and the inconsistency of the mother, a life project has to be established for the child. He cannot wait for his mother to get better. He has the right to have a good life for himself. His aunt is able to provide such place. Furthermore, she has been taking real good care of him for many years now. [ 15 ] The evidence demonstrates that the security and development of the child are still in danger.

Under the circumstances and considering the evidence submitted, 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: [ 16 ] GRANTS the application for revision and extension of order; [ 17 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 18 ] REVISES AND EXTENDS the order rendered on February 1, 2017; [ 19 ] ORDERS that the child be entrusted to his maternal aunt C till the age of majority [...], 2031; [ 20 ] ORDERS that the contacts between the parents and the child be determined upon agreement between the parties, including their supervision as long as deemed necessary; [ 21 ] RECOMMENDS that the mother receive psychological counselling for her personal issues; [ 22 ] RECOMMENDS that the mother involve herself in a drug and alcohol counselling and follow up if deemed necessary by the professional; [ 23 ] ORDERS that the parents participate actively in the measures ordered to put an end to the situation of endangerment; [ 24 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child and his family until [...], 2031; [ 25 ] 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 order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Réal Grenier for the child Mrs. A the mother (absent) Mr. B the father (absent) Date of hearing: August 9, 2017 Whitten judgment file on September 13, 2017