2019 QCCQ 15093, 2019 QCCQ 15093

Protection de la jeunesse — 194673 2019 QCCQ 15093 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No. 635-41-000797-172 DATE: July 15, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DENISE DESCÔTEAUX J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [… ], 2011 [SOCIAL WORKER 1] and [SOCIAL WORKER 2], youth protection workers, duly authorized by the Director of Youth Protection A, working in Town A, district A Applicants and A, residing and domiciled at [ … ] , district A Mother And B, residing and domiciled at [ … ] , district A Interested Party ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act , R.S.Q., P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publication or broadcast of information allowing 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 YPA). [ 1 ] The Director of Youth Protection is submitting a motion seeking the extension of the last judgment rendered on October 30, 2018, by the Honourable Peggy Warolin, J.C.Q., concerning the situation of X, 7 years old. On that date, the Court declared the child’s security and development still in danger and entrusted her to Mr. C and Ms. D until May 31, 2019.

The DYP asks the Court to extend that decision until November 2019. [ 2 ] POSITION OF THE PARTIES [ 3 ] The mother was present and represented by Mtre Angele Tommasel. She admitted that the security and development of her child are still in danger. Accordingly, she agreed with the measures proposed; [ 4 ] At the hearing, the father, who has been incarcerated since April 29, 2019, was absent despite the fact that he received a copy of the proceeding on May 3, 2019. [ 5 ] Mtre Caroline Jennis represented the child and submitted to the Court that the measures proposed are in her best interest.

She has a legal mandate given the child’s age. [ 6 ] The child’s situation requires that the decision be extend, more particularly for the following reasons : [ 7 ] At the time of the last Court hearing, the mother was involved in a violent relationship with Mr. E. Although the mother put an end to her relationship with Mr. E, the police had to intervene on several occasions as she was the victim of her ex-boyfriend’s violent behaviour. The applicant filed several incident reports written by the […] Regional Police Force of Town B concerning [Mr.

E]. [ 8 ] On December 2, 2018, the mother had a major skidoo accident and needed specialized healthcare in Town C. She was medevac’d out on the same day and had to stay for a long period of time to obtain the rehabilitation services required by her health condition. Her rehabilitation took time and the mother still needs to undergo surgery in Town C which is scheduled for June 2019; [ 9 ] The mother still consumes alcohol but has reduced her consumption. She continues her efforts to put an end to her dependance.

As stated in the last judgment, she is able to be sober during contact with her children. [ 10 ] The mother applied to get her own house and is still on the waiting list. She recognized that she needs her own house in order to offer a stable environment to her children.

[ 11 ] She ensures that she maintains frequent contact with them by calling them mutiple times per week and by visiting them once or twice a month. [ 12 ] The mother’s collaboration with Youth Protection is regular and active. [ 13 ] The father has regular contact with the children. All of the children maintain a positive relationship with Mr. B. [ 14 ] The children are doing well at the grandparents’ home. [ 15 ] The situation of the father remains largely unchanged as he is not ready to assume the care of the children on a full-time basis.

Since the last Court hearing, the police had to intervene with the father on two occasions because he was intoxicated.

The applicant filed two incident reports written by the […] Regional Police Force of Town B concerning the father. [ 16 ] Considering the admissions of the mother and the child, and the revision reports, the Court believes that the facts proved and admitted allow the extension of the previous order and considers that it is in the child’s best interest and respects her rightsto render a new order. [ 17 ] FOR THESE REASONS, THE COURT [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security or development of the child X, born on […], 2011, continue to be endangered; [ 20 ] ORDERS that the child be entrusted to [Mr.

C] and [Mrs. D]; [ 21 ] AUTHORIZES a reintegration into the mother’s care if the situation allows it; [ 22 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the tribunal; [ 23 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 24 ] ORDERS that the parents remain sober in the presence of the child; [ 25 ] ORDERS that the mother refrain from any form of aggression or violence in the presence of the child; [ 26 ] ORDERS that the mother seek help through the Social Services concerning her substance abuse, relationship issues and past trauma; [ 27 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement in the services provided; [ 28 ] ORDERS that the modalities, frequency and degree of supervision of contact between the child and the parents be determined by the Director of Youth Protection ; [ 29 ] ORDERS that the a person working for an institution or body provide aid, counselling or assistance to the child, the parents and Mr.

C and Ms. D until November 30, 2019; [ 30 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 31 ] THE WHOLE until November 30, 2019. __________________________________ DENISE DESCÔTEAUX J.C.Q. Mtre. Geneviève Apollon Cain Lamarre Counsel for the Applicant Mtre. Caroline Jennis […] Legal Aid Office Counsel for the child Mtre. Angèle Tommasel Counsel for the mother B Father

Date of hearing: May 15, 2019