2019 QCCQ 14944, 2019 QCCQ 14944

Protection de la jeunesse — 1910478 2019 QCCQ 14944 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000609-195 DATE: December 5, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2013 Child and A and B (DECEASED) 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 ] 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. [ 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 child and his mother benefit from the services of an external educator as long as deemed necessary by the DYP; [ 15 ] ORDERS that the mother actively participate in the application of the measures ordered; [ 16 ] RECOMMENDS that the mother benefit from services to help her deal with her personal issues; [ 17 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until July 31, 2020; [ 18 ] 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 Written judgment filed on December 16, 2019