2019 QCCQ 14943, 2019 QCCQ 14943

Protection de la jeunesse — 1910477 2019 QCCQ 14943 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000608-197 DATE: December 5, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2008 Child and A and B Parents/Respondents ______________________________________________________________________ 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 July of 2019, the Court declares that the security and development of the mother’s three children are in danger because they are submitted to a serious risk of physical abuse. The Court then entrusts the children to a foster family, namely their maternal grandmother. [ 2 ] The director of youth protection (DYP) now asks the Court to revise and extend the previous judgment and to entrust the children back to the mother’s care.

The mother and the children are in agreement with the DYP’s recommendations. As for the father, he is neither present nor represented at the hearing. [ 3 ] Following the hearing, the Court renders an oral judgment, granting the application. Here are the reasons supporting that decision. [ 4 ] The mother cooperates with professionals and is receptive to help. She works to improve her parenting skills. She now realizes that coping with family life’s daily stressors requires help and patience. [ 5 ] Shortly after the last hearing, significant improvement is noticeable.

Therefore, the contacts between the mother and the children do not have to take place under supervision. With professional support, the mother learns to deal with attention-deficit hyperactivity disorder (ADHD). [ 6 ] Meanwhile, the two oldest children’s behaviour improves significantly. They do not show behavioural disturbances anymore, even though they remain energetic. [ 7 ] Following the revision meeting held in October, a progressive integration process is undertaken. The children spend more and more time at their mother’s.

The mother is now able to apply the tools she learns in order to take adequate care of her three sons. [ 8 ] The evidence convinces the Court that entrusting the children back to the mother’s care meets their needs. [ 9 ] The application is therefore well founded. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 10 ] GRANTS the application 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 July 3, 2019; [ 13 ] ORDERS that the child be entrusted to his mother; [ 14 ] ORDERS that the contacts between the child and his father be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 15 ] ORDERS that the child and his parents benefit from the services of an external educator as long as deemed necessary by the DYP; [ 16 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 17 ] RECOMMENDS that both parents benefit from services to help them deal with their personal issues; [ 18 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until July 31, 2020; [ 19 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the child Me Ariane Cayer for the mother Mr. B the father Written judgment filed on December 16, 2019