2016 QCCQ 10922, 2016 QCCQ 10922

Protection de la jeunesse — 164757 2016 QCCQ 10922 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000495-157 DATE: June 8, 2016 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on […], 2008 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 ] In December 2015, the Court grants a petition for protection and entrusts the child to a foster family. [ 2 ] The director of youth protection (DYP) asks the Court to extend protective measures for several months. The child’s lawyer agrees with the DYP. Neither of the parents is present at the hearing nor represented by counsel. [ 3 ] The child and her younger brother live with a maternal aunt, as a foster family.

The child is doing well, she says she is happy and feels part of the family. [ 4 ] The mother still has to cope with personal issues. She does not involve herself in follow-ups in regards with her problems, notably addictions. She either cancels appointments or does not show up. However, she agrees to meet with a psychologist. [ 5 ] Contacts between the mother and the child are scheduled, twice a week. However, the mother does not show up to visits. There are very few contacts who actually take place. [ 6 ] The father has visitations with the child. Contacts are positive.

However, the father does not foresee his daughter being entrusted to him in a predictable future. [ 7 ] Under those circumstances, it is necessary to maintain the child in a foster family. The aunt provides the child with security and stability. [ 8 ] If the mother really wishes to have the child entrusted back to her, she will have to undertake steps in order to solve her problems and to have regular contacts with her daughter. [ 9 ] The evidence allows the Court to conclude that the petition is well founded.

WHEREFORE, THE COURT: [ 10 ] GRANTS the petition for revision and extension of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ;

[ 12 ] REVISES AND EXTENDS the Court order rendered on December 2, 2015; [ 13 ] ORDERS that the child be entrusted to a foster family designated by the DYP until February 28, 2017; [ 14 ] ORDERS that contacts between the parents and the child are determined upon agreement between parties and AUTHORIZES the DYP to supervise them if deemed necessary; [ 15 ] RECOMMENDS that the mother receive psychological counselling for her personal issues; [ 16 ] RECOMMENDS that the mother involve herself in an assessment for drug and alcohol addictions and that she involve herself in a follow-up if deemed necessary by the professional; [ 17 ] ORDERS that the parents participate actively to the application of the ordered measures; [ 18 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until February 28, 2017; [ 19 ] 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. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Kimon Kling for the child Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on July 20, 2016