2020 QCCQ 14281, 2020 QCCQ 14281

Protection de la jeunesse — 20541 2020 QCCQ 14281 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000490-186 DATE: January 8, 2020 ______________________________________________________________________ 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 ______________________________________________________________________ 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 judgment rendered on June 4, 2019, in respect of the child in order to be entrusted to her parents. Her brother is aimed by the same request. We proceed by common evidence. [ 2 ] At the hearing, the parents are present but only the mother is assisted by a lawyer. The parents share the same position. They recognize the alleged fact and agree with the recommendation of the DYP.

Furthermore, they consent to the filing of the reports to value testimony of their authors. [ 3 ] Regarding the child, she is represented by a lawyer acting under a legal mandate, considering her young age. Considering the evidence submitted, the child’s lawyer consents to the measures. [ 4 ] Since the last judgment render on June 2019 , the situation of the parents has recently evolved positively. In the beginning of the summer, the parents started to be aware of the impacts of their behavior and their consumption on their children.

They ceased to consume illicit drugs and the information obtain leads to believe that is the case. [ 5 ] Before, they completely denied having an addiction or violence problems but it is not the case anymore. They put themselves in action in order to reclaim the custody of their children. Both parents seek help for their personal issues such as drug abuse and conjugal violence but have attended only a few meetings. However the father has a follow-up with [Resource A] to get help regarding the violence issues. [ 6 ] The parents have a more constructive and healthy relationship.

Most likely the fact that the parents have stopped using drugs except cannabis has something to do with it. There is better harmony and communication in the couple, and this reflects the observation made by the DYP. [ 7 ] The parents collaborate well with the DYP and work with them. The father participates in a program in order to learn and have tools to eventually join the workplace. The mother started a full-time job in a grocery store. Basically, the parents turned their life around in a very good way. [ 8 ] During the children’s placement, the parents benefited from supervised visits with them.

The contacts went well and they were very appropriate with the children. Their attitudes as well as their intervention during these visits were more than adequate.

[ 9 ] The mother admits having difficulties establishing limits but she is improving. She is more able to set rules to the children and to assume her decisions. The father is able also to impose a structure for them. [ 10 ] The supervised visits were lifted in September 2019 and everything is going well. The parents are able to care for both children. Together they are able to provide a safe and secure environment in which the children’s interest are put first. [ 11 ] X is 6 years old, she is intelligent and energetic. She is doing well, in school.

She has a tendency to please her parents, so they will have to emphasis in the child’s needs. [ 12 ] Y is 5 years old, he is shy and sensitive. Just like his sister he does well in school. His language skills have developed but there is still work to be done to improve such as his communication abilities and to express himself. [ 13 ] Although the parents have taken action to change their lifestyle and resolve their problems, the fact remains that this change is still recent. In the coming months, it is essential that they continue to get involved in their follow-ups and pursue their collaboration with the DYP.

There is still a lot of work to do but, they are definitely on the right track. [ 14 ] 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 consent of the parents, 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: [ 15 ] GRANTS the application for revision and extension of order; [ 16 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 17 ] REVISES AND EXTENDS the Court order rendered on June 4, 2019; [ 18 ] ORDERS that the child be entrusted to her parents; [ 19 ] ORDERS that the parents commit to follow up related to their personal problems, specifically in addiction treatment and any other pertinent consultation for conjugal violence; [ 20 ] ORDERS that the parents submit themselves to random drugs and alcohol testing; [ 21 ] ORDERS that the parents remain sober and do not use drugs or alcohol in the presence of the child; [ 22 ] ORDERS that the parents report to the DYP as required on the measures they are applying to themselves or to the child to end the situation that puts the safety and development of the child at risks; [ 23 ] ORDERS that the parents take an active role in the measures ordered to end the situation that puts the child at risks; [ 24 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 25 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until August 31, 2020; [ 26 ] 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 Me Ann-Chloé Boudreau for the mother

Mr. B the father Written judgment filed on January 10, 2020