2020 QCCQ 14409, 2020 QCCQ 14409

Protection de la jeunesse — 20739 COURT OF QUÉBEC 2020 QCCQ 14409 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-034099-184 525-41-034100-180 DATE : January 6, 2020 ______________________________________________________________________ IN THE PRESENCE OF : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION FOR THE CENTRE INTÉGRÉ UNIVERSITAIRE DE SANTÉ ET DE SERVICES SOCIAUX A Applicant and X born on [...], 2011 Y born on [...], 2013 children and A B parents ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to a fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized of Applications filed pursuant to

Section 95 of the Youth Protection Act by a person duly mandated by the Director of Youth Protection ( the Director ) to extend an order rendered by the undersigned on November 2, 2018, entrusting the children to the maternal grandfather, Mr.

C until August 31 st , 2019, authorizing the children’s gradual reintegration into the mother’s care as of June 2, 2019 along with a social follow-up and other corrective measures until November 2, 2019. [ 2 ] The Director alleges the following: 3.1. the children remain in the maternal grandfather’s care, where they are doing well; 3.2. the children attend school regularly and are progressing well; 3.3. the mother maintains regular weekly contacts with the children, said contacts are reported to be positive; 3.4. the mother’s situation remains largely unchanged, more particularly but not restrictively in that:

a) the mother continues to struggle in managing her mental health;

b) the mother is yet to consistently address her mental health either by taking her medication or by working with professionals; 3.5. in April 2019, the mother reunited with Mr. D; 3.6. despite being encouraged to attend couple and individual therapy, the mother has not taken any steps to receive these services; 3.7. an educator has been assigned to work with the mother; 3.8. the mother is collaborative with the intervention; 3.9. the father remains uninvolved and his address is unknown; 3.10. continued concerns exist with regards to the mother’s unaddressed mental health; 3.11. the maternal grandfather, Mr.

C, expresses his continued commitment to have the children in his care. [ 3 ] The two children remain entrusted to their maternal grandfather following an interim court order rendered on September 4, 2014. [ 4 ] Today, the Director is recommending an extension of the children’s placement with their grandfather for nine (9) months with reintegration to their mother’s care as of March, 31 st , 2020 and that the father’s contacts with the children remain suspended until the Director deems it in the children’s best interest to re-establish them. [ 5 ] The mother and the children’s lawyer are present and essentially agree with the Applications.

They however feel that the father’s contacts with the children should simply be suspended, a suggestion that the Director is not opposed to. [ 6 ] The father is absent. He has not seen the children in several years and the Director has not been able to locate or speak to him despite having made serious attempts to do so. Thus, by consent, the Court proceeds in his absence. [ 7 ] The relevant facts are essentially as alleged. The children remain with their grandfather and his wife and are doing well. The children see their mother regularly for extended weekends but will sometimes act out in her presence.

The mother continues to struggle with certain personal issues which hinder her ability to meet the children’s needs. The mother is still involved in a relationship with Mr. D but the children are not put in his presence when they visit home. The mother and Mr. D have not received couple services to work out the issues that led to past conflicts and police involvement. [ 8 ] The mother has been collaborating with the Director and various service providers to stabilize her life and resume full-time care of the children. She plans on receiving couple therapy through the A Clinic which she has contacted.

Other services for her and the children through “[Center A]” are also in the works. [ 9 ] Thus, although the situation has improved, a cautious approach is warranted in regard to the children’s full-time return to their mother’s care. [ 10 ] As well, given that the father has not been involved with the children for several years, the Court will simply suspend his contacts. [ 11 ] Finally, the Court will order that aid, counsel and assistance be provided for one year so that the family can be followed a few extra months following the children’s return to their mother. [ 12 ] AS A RESULT AND FOR THESE REASONS, THE COURT : [ 13 ] GRANTS the Application for Extension ; and [ 14 ] DECLARES that the security or development of the children is still in danger; [ 15 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES : [ 16 ] ORDERS that the children be entrusted to the care of the maternal grandfather, Mr. C, for a period of nine (9) months with a reintegration to the care of the mother beginning on March 31 st , 2020 at the exclusion of Mr. D until such time as determined by the Director of Youth Protection; [ 17 ] ORDERS that the frequency and modality of contacts between Mr.

D and the children be determined by the Director; [ 18 ] ORDERS that the mother and children’s address remain confidential to the father; [ 19 ] ORDERS that no means of physical discipline is used on the children; [ 20 ] SUSPENDS the contacts between the father and his children; [ 21 ] RECOMMENDS that the mother continue to address her mental health issues and follow through with the recommendations of the professionals involved; [ 22 ] RECOMMENDS that the mother and the children obtain community supports for mental health (i.e [Center A]) and follow

any recommendations; [ 23 ] RECOMMENDS that the mother obtain couple counselling and that she follow the recommendations; [ 24 ] ORDERS that the mother ensure that neither child is exposed to any conflict or violence; [ 25 ] AUTHORIZES the Director of Youth Protection to share and obtain information with any treating professionals involved with the family; [ 26 ] ORDERS a person working for the Centre intégré universitaire de santé et de services sociaux A to provide aid, counsel and assistance to the children and their family until December 20, 2020; [ 27 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A for the purposes of the execution of this judgment; [ 28 ] ORDERS the execution of this judgement by any peace officer, if necessary; _______________________________________ CLAUDE LAMOUREUX, J.C.Q.

Signed on January 20, 2020 Ms. Esther Sterling Stagiaire for the Director Me Karine Doherty Attorney for the children Me Jean-Hervé Thomas Attorney for the Mother Date of hearing : CL/nl January 6, 2020