2017 QCCQ 6876, 2017 QCCQ 6876

Protection de la jeunesse — 173089 2017 QCCQ 6876 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-029416-153 Date: April 6, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2013 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) JD2620 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 hereby confirms and provides written reasons for a decision rendered verbally at the hearing of April 6, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for extension of an order rendered by the undersigned, on October 19, 2015, whereby the now three year-old child, X , was entrusted to his father, on the condition that he reside with the child’s paternal grandmother, with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Motion for extension dated August 12, 2017, are as follows: 3.1. the child remained living with the father at the paternal grandmother’s home and is doing apparently well; 3.2. the father has been involved in a parenting support group and is reportedly participating well; 3.3. the father is better able to manage his anger problem; 3.4. the mother has received services from Auberge Shalom and Miriam Home; 3.5. the mother and the maternal grandmother have a hostile relationship; 3.6. more specifically, the mother reports that the maternal grandmother has been verbally denigrating towards her; 3.7. in February 2016, the mother began to receive services from her CLSC around parenting skills and budgeting; 3.8. the parents continue to have a strained relationship; 3.9. […] 3.10. […] 3.11. […]

3.12. both parents continue to need major assistance and support from their families as well as social services at this point in time (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the care of his father, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 5 ] The mother, assisted by Me Morin, admitted most of the alleged facts and consented to the proposed measures. [ 6 ] The father, assisted by Me Denault, also consented to the proposed measures but expressed reservations about unsupervised contacts between the child and his mother. [ 7 ] Me Benoit, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-7 and D-8 as evidence: D-7: Court Report, prepared by [Social Worker 1], dated July 22, 2016; D-8: Addendum, prepared by [Social Worker 1], dated January 3, 2017. [ 9 ] In

summary, the need for ongoing social services is not contested. The parents’ main challenges will involve learning to improve their ability to co-parent their children. [ 10 ] The mother has moved out of her own parents’ home and she is being actively encouraged to prepare for unsupervised visits with the child and she is doing so gradually and cautiously with the Director ensuring that all necessary precautions are taken. [ 11 ] Under the circumstances, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 14 ] ORDERS that the child be entrusted to the care of his father; [ 15 ] TAKES JUDICIAL NOTICE that the father and the child reside with the paternal grandmother, Ms.

C; [ 16 ] ORDERS that the frequency and modalities of contacts between the child and his mother be determined by the Director of Youth Protection TAKING JUDICIAL NOTICE that frequent and regular contact is strongly encouraged and that overnight visits are scheduled to take place at the mother’s new apartment; unsupervised overnight visits are scheduled to begin on April 19, 2017 and unsupervised overnight visits will initially take place with one child at a time until the mother is deemed able to have both her children for unsupervised overnight visits and that such visits will take place initially one evening per week and that a worker from Miriam Home will be visiting the home initially during the visits, and that a safety plan is in place and that the father agrees for the social worker to contact and exchange information with the child’s daycare following such visits to assess their impact on the child; [ 17 ] RECOMMENDS that the mother continue to take steps to address her personal issues to benefit from counseling and support, including from Miriam Home; [ 18 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the child and his family; [ 19 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 20 ] THE WHOLE for a period of nine months.

TAYA DI PIETRO, Q.C.J. Me Nadia Sabik

Attorney for the Director of Youth Protection Me Christian Benoit Attorney for the child Me Marc Morin Attorney for the mother Me Louise Denault Attorney for the father TD/vl