2019 QCCQ 18138, 2019 QCCQ 18138

Protection de la jeunesse — 197535 2019 QCCQ 18138 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 565-41-000280-178 (X) 565-41-000255-170 (

Y) DATE: July 10, 2019 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LES CENTRES JEUNESSE A Petitioner and X Y Children A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, Youth Protection Act ) ______________________________________________________________________ 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 Court is seized of a motion under

section 95 of the Youth Protection Act, whereby, the Director of Youth Protection is seeking the extension of the decision rendered by this Court on June 19 th , 2018 in relation to the situation of X and Y, aged 6 and 4, respectively. [ 2 ] On that date, the Court declared that the security and development of the children remained endangered and entrusted them to the paternal grandmother, Mrs. C, for a period of six months.

The Director is now seeking to extend the protection measures for a period of six months, entrusting the children to their father during this time. [ 3 ] The father is present and represented by counsel. He admits all of the facts alleged in support of the motion and agrees with the Director’s conclusions and recommendations. [ 4 ] Although represented by counsel, the mother is not in attendance. She attended the hearing for interim measures on June 18 th , 2019 and then consented to the children remaining with their father during the proceedings.

The Director has since made several attempts to reach out to the mother, to no avail. She is no longer collaborating. [ 5 ] The children are represented by counsel who, acting under a legal mandate, is of the view that motion for extension is in their interest. [ 6 ] The children returned to their father in December 2018 and are doing well under his care. X, who has been diagnosed with A.S.D., is receiving the services required by his condition and is making steady progress. As for Y, while she has not been diagnosed with A.S.D., she has her own developmental challenges and is benefiting from various services.

As a result, her global development has greatly improved. [ 7 ] Mr. B’s situation is stable and he is focussed on seeing to it that all their needs are met. He offers active participation and excellent collaboration to all the professionals involved in providing services and care to the children. The father is still living with the paternal grandmother, who can offer him much needed respite.

[ 8 ] As to the mother, she has not seen the children in quite some time and is currently offering very little collaboration to the Director. While it is hoped that regular visits with the children can take place, the mother will first need to meet with the social practitioner so that a calendar can be established. THEREFORE THE COURT : [1] GRANTS the motions; [2] DECLARES that the security and the development of the children remain endangered; [3] EXTENDS the decision rendered on June 19 th , 2018; [4] ORDERS the implementation of the following protection measures for a period of six months:

a) That the children be entrusted to their father;

b) That the contacts between the children and their mother be determined by agreement between all parties on the condition that the mother first meet with the social practitioner in order to established a calendar of contacts;

c) That a person authorised by the Director of Youth Protection provide aid, counsel and assistance to the children and their family;

d) That the parents actively participate in the implementation of the measures aimed at putting an end to the situation that endangers the children’s security and development; [5] RECOMMENDS :

a) That the children continue to receive the various health care and services required by their condition and recommended by the professionnals;

b) That the parents receive services in order to improve their parental skills; [6] ENTRUSTS the situation of the children to the Director of Youth Protection who shall then see that the measures are carried out. Signed on August 21, 2019 __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. Mtre. Sandra Couture Counsel for the Director of Youth Protection Mtre. Isabelle Saumier-Castonguay Counsel for the children Mtre. Josée Nault Counsel for the mother Mtre. Louis-André Hubert Counsel for the father Date of hearing: July 10, 2019