2010 QCCQ 13473, 2010 QCCQ 13473

Protection de la jeunesse — 101145 2010 QCCQ 13473 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] "Youth Court Division" N°: 525-41-022009-096 Date: April 28, 2010 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2009 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Batshaw Youth and Family Centres Applicant -and- A , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT JD2620

Section 95-95.1 of the Youth Protection Act (L.R.Q., C.P-34.1) [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of April 28, 2010, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with an application for revision of an order rendered on April 29, 2009 by the undersigned whereby the now one year-old child, X , was entrusted to a foster home, for a period of one year. [ 3 ] The facts alleged in support of the motion are as follows: 3.1 the father and the child's biological mother, Mrs. B, have remained separated; 3.2 the father shows complete commitment to the child; 3.3 the father cooperates fully with the Director of Youth Protection; 3.4 in August 2009, the father underwent a parental capacity assessment; 3.5 Dr.

Catherine Cloutier, who assessed the father, recommended that the father access a parenting group; 3.6 consequently, the father attended parenting group sessions at the CLSC and after this program was cancelled by the CLSC, he attended the infant stimulation program at the A Center; 3.7 the father also receives services from the permanency planning educator; 3.8 the father has acknowledged his difficulties to meet the child's needs, has always been open to receive help to improve his parental skills and has made a lot of gains in that area; 3.9 the father found a stable home for the child; 3.10 the visits with the father keep increasing, going from supervised visits to unsupervised visits and to overnights and a gradual

reintegration process has started; 3.11 the visits between the father and the child are going very well; 3.12 the father has no intention of resuming his relationship with Mrs. B as she has not addressed her issues; 3.13 Mrs. B is not declared on the child's birth certificate; 3.14 the youth protection worker tried on several occasions to help Mrs. B be declared on the child's birth certificate, but to no avail; 3.15 Mrs. B's coordinates have been unknown for several months and she has not cooperated at all with the youth protection worker; 3.16 the mother does not have a stable residence; 3.17 Mrs.

B is completely uninvolved in the child's life; 3.18 Mrs. B has not undergone any parental capacity assessment; 3.19 Mrs. B has not sought any treatment for her substance abuse issues; 3.20 on several occasions, Mrs. B appeared to be under the influence of drugs or alcohol during telephone conversations with the youth protection worker; 3.21 in or around August 2009, Ms.

B reported to the youth protection worker, when she was in town A, that she relapsed into drinking and that she was thinking of attempting suicide to get free trans-portation to B town (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to her father, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The father, assisted by Me Robillard, admitted all the alleged facts except those regarding Mrs. B, which he ignored.

He expressed his consent to the proposed measures. [ 6 ] Me Hamel, acting on behalf of the child, made no admissions and consented to the proposed measures [ 7 ] The Director filed Exhibits D-1 to D-3 as evidence in support of the motion: D-1: Court report dated February 11, 2010, signed by Mr. [social worker 1]; D-2: Psychological assessment of the father signed by Dr. Catherine Cloutier, dated August 25, 2009; D-3: Addendum signed by Mr. [social worker 1] on April 12, 2010. [ 8 ] In

summary, the evidence establishes the facts as alleged in support of the motion. [ 9 ] Mr. A demonstrated a strong commitment to caring for all his daughter's needs and consistently made her welfare a priority. [ 10 ] His efforts are described as follows: Mr. A has demonstrated his intense interest and motivation to provide for the emotional and physical care of his daughter. Mr. A had sought stable housing, employment to secure the financial means to care for his daughter and developed a collaborative relationship with the DYP to assess his parental capacities. There has been no indication the (sic) Mr.

A has taken any drugs or experiences a problem with alcohol. Mr. A has completed a parental capacity assessment as requested and worked with the DYP to address concerns raised by this evaluation. Mr. A increasingly requested and took on more physical care of X. Through increasing visitation and work with the educator Mr. A has demonstrated his growing confidence and competency with X's daily care. Mr. A demonstrated his understanding of X's medical needs and successfully assumed the responsibility for her outpatient medical appointments. In

summary, Mr. A has shown the motivation and parental capacity to assure that X's daily needs can be met in his care. However, with this expanding role of caregiver, Mr. A could benefit from continued educator services to cement his growing parenting skills and support him as he assumes full time care of his daughter. [1] [ 11 ] The child was fully integrated into her father's care on March 1, 2010.

She appears content and is developing well. [ 12 ] However, she shows signs of Fetal Alcohol Syndrome and her development will need to be monitored closely to ensure that any special needs that may arise are met. [ 13 ] Mr.

A will undoubtedly need support in caring for the growing needs of his daughter, especially in light of certain limitations identified in his psychological assessment. [2] [ 14 ] Under the circumstances, given the evidence and the consent expressed, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest. [ 15 ] THEREFORE, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of the child, X , remain compromised under the Youth Protection Act for the

reasons initially declared; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 18 ] ENTRUSTS the child to her father; [ 19 ] ORDERS that the frequency and modality of contacts between the child and her biological mother, Ms.

B, be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 20 ] ORDERS that the father have access to respite from a foster home if necessary and STRONGLY RECOMMENDS that it be the foster family already known to the child; [ 21 ] ORDERS that the child receive any medical care required by her condition; [ 22 ] ORDERS that the child be monitored at regular intervals for any developmental delays or other symptoms of Fetal Alcohol Syndrome and TAKES JUDICIAL NOTICE of an appointment scheduled in May 2010; [ 23 ] STRONGLY RECOMMENDS that the father follow the recommendations of the parental capacity assessment dated August 25, 2009; [ 24 ] STRONGLY RECOMMENDS that the father be provided with information regarding Fetal Alcohol Syndrome to assist him in understanding his daughter's needs and identifying any difficulties that may arise; [ 25 ] ORDERS that aid, counsel and assistance be provided to the child and her family; [ 26 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 27 ] THE WHOLE for a period of one year.

SIGNED IN [TOWN A] May 3, 2010 TAYA DI PIETRO, Q.C.J. Me Nadia SABIK / AN2652 Attorney for the Director of Youth Protection Me Robert HAMEL / AH4614 Attorney for the child Me Sylvie ROBILLARD / AR6246 Attorney for the father Judgment rendered verbally on April 28, 2010 . TD/md