2019 QCCQ 15039, 2019 QCCQ 15039

Protection de la jeunesse — 1911760 2019 QCCQ 15039 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 605-41-000899-153 DATE : December 9, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2013 Child [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...]; Applicant and A, B Parents ______________________________________________________________________ AMENDED JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on December 9, 2019. [ 2 ] The Court is seized of an application for revision of a decision rendered on October 11, 2016, presented by the Director of youth protection (DYP), requesting that the security and development of X be declared still in danger as expressed in the motion. [ 3 ] Consequently DYP asks the Court to entrust the child to C and D, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the child still compromised? In the affirmative, do the recommended measures answer her needs and are they in her best interest?

Context and Analysis [ 5 ] The father and the mother are present and assisted by a lawyer. [ 6 ] The proof reveals that previously the child was placed until her age of majority in a foster family but DYP had to place the child in another foster family due to allegations of inappropriate means of disciplining. [ 7 ] The mother have change her lifestyle, she is clean from substances for two and a half years. [ 8 ] She would like her daughter to come back live with her. [ 9 ] The father wants to resume his contacts with X.

He have some physical problems that are under control considering the fact he takes appropriate medication.

The paternal grandmother also intends to take her place in the child’s life. [ 10 ] It appears that the child lived for one month at her paternal grandmother during last summer. [ 11 ] DYP cancelled the placement until majority and is now open to give the parents a second chance, an opportunity to be involved in their child’s life and to regain custody of X. [ 12 ] The parents live in Town A each in his own apartment, and they are sober and working. [ 13 ] DYP informed the Court that contacts with the mother will occur every two weeks.

For the father, DYP suggest once a month in the interest of the child to prevent her to travel too often to Town A. [ 14 ] Neither mother’s, father’s or paternal grandmother’s milieu have been assessed to verify if the child will be in a good environment. [ 15 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the measures suggested meet her needs and deemed to be in her best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] REVISES the decision rendered on October 11, 2016 ; [ 17 ] DECLARES that security and development of the child are still compromised; [ 18 ] ENTRUSTS X to C and D, or a period of 9 months with a slow integration to one of her parent if the situation allows; [ 19 ] ORDERS that X complete her school year 2019-2020 in [Community A]; [ 20 ] ORDERS that frequency and modality of contacts between the child and E and F be determined and supervised by DYP only if X aks for those contacts; [ 21 ] ORDERS DYP to evaluate mother’s milieu as well as Father’s and paternal grandmother’s milieu; [ 22 ] ORDERS that the contacts between the child and her parents be determined by the DYP and be held every two weeks, according to a calendar that will have to be set by DYP, as the parents agree to share time during X’s visit ; [ 23 ] ORDERS that the contacts between the child and her father be supervised by the paternal grandmother; [ 24 ] ORDERS C and D to collaborate with the DYP and meet with the worker upon request; [ 25 ] AUTHORIZES the DYP to share and obtain information with all service providers working with the family [ 26 ] ORDERS that aid counsel and assistance be provided to the child and her family for a period of one year. [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection A , who shall then see that the measures are carried out. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Michel Grenier Counsel for the mother

Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the father