2017 QCCQ 17649, 2017 QCCQ 17649

Protection de la jeunesse — 178171 2017 QCCQ 17649 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] “Youth Division” N° : 525-41-032149-171 DATE : October 3, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2016 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 3, 2017. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the Court order rendered on June 21, 2017. [ 3 ] On August 15, 2017, the Tribunal ordered that, on a provisional basis, the child be entrusted to Mrs.

C, his paternal grandmother. [ 4 ] Today, the Director recommends that the child remains entrusted to his paternal grandmother on an interim basis, and that in the eventuality the paternal grandmother was recognized as a foster family, that the child be placed in the foster family of his grandmother. The Director also recommends that support measures be ordered for an interim period of three months. [ 5 ] The parents are in agreement with the proposed plan.

The mother would like the Tribunal to fix a minimum frequency of contacts between the child and herself. [ 6 ] The child’s attorney is also in agreement with the proposed plan. She notes that, at this point, as the grandmother is not recognized as a foster family, the Tribunal does not have the jurisdiction to make a hybrid order. Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights?

Context and Analysis [ 8 ] The child had some difficulties adapting to his new environment with his mother at Portage. [ 9 ] During this period, the child spent every Saturday and Sunday with his father, in the home of Mrs. C, his paternal grandmother.

[ 10 ] The father begun therapy at AMCAL and a therapeutic process at the CLSC. [ 11 ] Due to her lack of participation, the mother was asked to leave the mother/infant Program at Portage. [ 12 ] On August 15, 2017, the Tribunal ordered, on a provisional basis, that the child be entrusted to his paternal grandmother. [ 13 ] During the week of September 4, 2017, the father discovered that the mother was residing in Town A with her new boyfriend and that she was prostituting herself. Her exact whereabouts remained unknown to the Director.

From August 15, 2017 to last week, she has not communicated with the Director. [ 14 ] On September 17, 2017, the grandmother discovered that the father arranged for the mother to have an unauthorized visit with the child at the park. At the hearing, the mother reported that the father was organizing regular unauthorized contacts between herself and the child at the park, unbeknownst to the youth protection worker and the paternal grandmother. [ 15 ] On September 17, 2017, the grandmother asked the father to leave her house.

He is now residing with his sister. [ 16 ] On September 18, 2017, the father went to the grandmother’s residence and asked to see his son. The grandmother had to call the police to resolve the situation. The father broke items in the home. [ 17 ] Today, the father recognizes that he made a mistake and he regrets behaving in such a way with his mother. He reports that he will continue his involvement with AMCAL to better manage his emotions and his impulsivity. He will start attending a parenting group.

He also arranged, through AMCAL to participate with the grandmother, in a mediation session. [ 18 ] Since August 15, 2017, the mother has not been in touch with the Director. She arranged to have unauthorized contacts with her son. For the last few days, she’s been living with the father and his sister. She plans to enter a therapeutic program at Town B.

At this point, it would be premature to fix a minimum of contacts between herself and the child. [ 19 ] Mrs. [social worker 1], youth protection worker, describes the family’s goal in such a way: Both parents need to focus their energies on following through with their individual treatment goals which in turn will enable them to be a positive influence in X’s life. Both parents have continued to put their needs before their son’s needs and placing him at continued risk. [1] [ 20 ] The parents need to take important steps and implement significant changes in their respective situation.

An interim period of three or four months will not be sufficient to permit such a drastic change in their situation. [ 21 ] X is lucky to be able to count on the continuous support of his paternal grandmother. She is willing to care for him for as long as deemed necessary. She is able to provide him with a stable environment where he will receive answers to all his needs.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the application for revision and extension; [ 23 ] DECLARES that the security or the development of the child are still in danger; [ 24 ] REVISES and EXTENDS the order rendered on June 21, 2017; [ 25 ] ORDERS that the child be entrusted to the care of his paternal grandmother, Mrs. C; [ 26 ] TAKES JUDICIAL NOTICE that Mrs.

C is being evaluated to become a foster family; [ 27 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by the Director of Youth Protection including supervision for as long as deemed necessary; [ 28 ] RECOMMENDS that the contacts between the child and his parents be encouraged if the parents are collaborating with the Director of Youth Protection and are transparent; [ 29 ] ORDERS that the parents refrain from being under the influence of drugs or alcohol when in the presence of the child; [ 30 ] STRONGLY RECOMMENDS that the parents take steps to address their personal and collective issues, parenting skills development, depression, anger management, emotional regulation, unresolved trauma, mental health issues, chronic substance addiction, and that they report progress to the Director of Youth Protection; [ 31 ] AUTHORIZES the Director of Youth Protection to exchange pertinent information with treating professionals working with the family; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 33 ] THE WHOLE for a period of one year; [ 34 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out.

__________________________________ François Ste-Marie, J.C.Q. Signed on October 11, 2017 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Luce James Counsel for the child Mtre Josselin Breton Counsel for the mother Mtre Francis Cloutier Counsel for the father Date of hearing: October 3, 2017