2021 QCCQ 3702, 2021 QCCQ 3702

Protection de la jeunesse — 211837 2021 QCCQ 3702 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000603-198 DATE: March 8, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2013 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 ] The director of youth protection (DYP) asks the Court to revise and extend the judgment render on August 21, 2020, in respect of the child. Her siblings are aimed by the same proceeding and a common hearing is held. [ 2 ] At the hearing, the DYP makes some amendments to the application. Both parents are in agreement with the amended recommendations of the DYP. [ 3 ] In the last measure ordered, the child was entrusted to her paternal grandmother.

The parents benefit from contacts according to an agreement, all subject to supervision if necessary. Moreover, several other conclusions are ordered to provide help to the parents with their personal issues. ANALYSIS AND DECISION • Mother [ 4 ] The mother made important changes in her life. She attended follow-up meetings with the youth delegate. Her attitude was more positive and she is transparent with the DYP by disclosing details of her life. She submitted herself to random drug screening tests. She participates in counselling session in order to work on her issues notably, addiction problems.

Her goal is to improve a few aspects of her life. [ 5 ] She benefits from contacts with her children, some of them are supervised and some unsupervised. The children are happy to see their mother and sad when it is time to leave. The mother gets involved with the children by transporting them twice a week to school or daycare, in the morning and at the end of the day. [ 6 ] She also provided assistance to the paternal grandmother with the children, such as bathing them before bringing them back after an access.

Sometimes, she even comes to the house to help out the paternal grandmother with the children’s routine before bedtime. She attends all children’s medical appointments or any other professionals.

[ 7 ] The mother is able to provide a suitable place for the children. Her environment is adequate and she is able to attend all the future appointment regarding them. • Father [ 8 ] The father’s mobilization is difficult. He does not return his calls or does it late. He does not show up for the scheduled appointment with the youth delegate, even if the information is sent by mail. He does not take is follow-up seriously, his father is the one who inquires about the dates unlike him. He explains his absences at the appointments due to his work.

However, he finishes work way before the DYP’s office close. [ 9 ] The father claims to have regular contact with the children while they stay with his mother. He helps her with the children’s routine, such as bathing them before bed, which is all contradicted by the paternal grandmother. In fact, the latter specifies rather that he occasionally comes to pick them up, to bring them to the store. Once, he watched them when she went shopping.

The youth delegate was not able to observe the father in the presence of the children considering that there were no supervised visits planned. [ 10 ] It is laborious to know the place of residence of the father. He lives with his mother, his girlfriend or his father, it is difficult to know precisely. He does not collaborate with the DYP. [ 11 ] The latter did not engage in any follow-up nor seek for any professional counselling. He argues that he does not have time to attend because he is working. Furthermore, he does not trust the worker in his community.

He does not participate often to the random drugs screening tests, once again invoking work. He is also on the Suboxone program for his addiction issues. [ 12 ] Overall, he did not follow the recommendations ordered. He shows instability and a lack of transparency. The father started to get more involved in the situation, as the court hearing date approached. However, he is not consistent with the appointment scheduled or with any other services. • Children [ 13 ] Y is 4 years old and she is doing fine. She attends daycare and she is doing well. She misses her mother with whom she has a strong attachment.

She needs a more constant and frequent presence of her mother in her life. [ 14 ] X is 7 years old and the oldest sibling. She is doing fine but misses her mother. She likes when she comes over to her paternal grandmother to give her a bath and for bedtime. When her mother is present, she always smiles and she is in a good mood. In school she is doing well. [ 15 ] Z is 5 years old and he is doing fine. He resides with his paternal grandmother since July 2, 2020.

Before, he was living with his paternal grandfather, but he had a heart attack and other issues where brought up, leading to the removal of the child from his care. Like his sisters, he appreciates when his mother comes over to his paternal grandmother to give him a bath and be present at bedtime. He has some speech difficulty and requires services from a speech pathologist. Despite this, in school, he is adapting well. • Paternal grandmother (foster home) [ 16 ] The children live with their paternal grandmother who takes care of their needs. She is able to provide them a stable and a structured environment.

She collaborates with the DYP. However, the paternal grandmother already permitted the father to have unsupervised contact with the children without the DYP’s authorization. CONCLUSION [ 17 ] For the past months, the mother appears to be in a healthier and positive path. She founds a suitable place for the children to live. She collaborates well with the professional and seeks help for her personal issues notably her drug addiction. [ 18 ] The evidence demonstrates that the security and development of the child are still in danger. Considering the evidence adduces, the application is well founded.

Furthermore, the measures suggested by the DYP appears to be in the child’s best interest. FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application for revision and extension of order; [ 20 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 21 ] REVISES AND EXTENDS the Court order rendered on August 21, 2020; [ 22 ] ORDERS that the child be entrusted to a foster family designated by the DYP; [ 23 ] AUTHORIZES the child to benefit from a gradual return with her mother, as of March 1 st , 2021, if the situation allows it; [ 24 ] ORDERS that the contacts between the child and the mother be determined following an agreement between the parties; [ 25 ] ORDERS that the contacts between the child and the father be determined following an agreement between the parties, if there is no agreement the contacts will take place every Tuesday and Thursday for two (2) hours and AUTHORIZES the DYP to supervise them; [ 26 ] ORDERS that the contacts between the child and her maternal grandmother, Mrs.

C be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them;

[ 27 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in their child’s regard to put an end to the situation of endangerment; [ 28 ] RECOMMENDS that the parents involve themselves in a drug and alcohol counselling and a follow-up, if deemed necessary by the professional; [ 29 ] RECOMMENDS that the parents submit themselves to random drug screening tests; [ 30 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until June 30, 2021; [ 31 ] 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 judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Ariane Cayer for the child Me Alexis Deschênes for the father Me Isabelle Gagnon for the mother Date of hearing: February 19, 2021