2015 QCCQ 15985, 2015 QCCQ 15985

Protection de la jeunesse — 154706 2015 QCCQ 15985 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-028295-145 Date: November 9, 2015 Corrected March 16, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2012 [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.). The Court reaffirms the judgment rendered November 9, 2015, with correction to paragraphs [20]. [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 9, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision and extension of an order rendered by the undersigned, on May 13, 2015, whereby the now three year-old child, X , was entrusted to foster care, with aid, counsel and assistance, for a period of six months. [ 3 ] The facts alleged in support of the Motion for revision and extension dated September 25, 2015, are as follows: 3.1. the child has remained in the same foster home where she continues to benefit from the affection and attention of the foster mother; 3.2. the child has been seen by an Occupational Therapist who has provided the mother with some recommendations with activities to help the child’s learning; 3.3. the child has been added to the waiting list for speech therapy for additional stimulation; 3.4. the mother’s personal situation has significantly improved, more particularly but not restrictively in that:

a) the mother has maintained the same apartment;

b) c) on May 23, 2015, the mother obtained part-time employment in housekeeping;

d) by June 2015, the mother secured fulltime employment;

e) the mother has been working collaboratively with an educator and shows openness to recommendations provided by all working professionals;

f) the mother has found a daycare within her community for the child;

3.5. the mother’s contacts have progressively been increasing, more particularly but not restrictively in that:

a) the mother consistently visited the child four (4) times a week for several hours;

b) at the end of July 2015, the mother began receiving the child overnight;

c) since mid-August 2015, the child has three (3) consecutive overnights at the mother’s home; 3.6. the mother’s supportive network has increased; 3.7. the mother maintains a good rapport with the foster mother and considers her a positive role model; 3.8. the mother is ready, at this point in time, to have the child reintegrated into her care with continued support and intervention (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to the care of her mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Morin, admitted all the allegations and consented to the proposed measures. [ 6 ] The father, who still lives in Town A could not attend the hearing, but allegedly expressed his consent to the proposed measures. [ 7 ] Me Saad, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibit D-1 as evidence: D-1: Court Report, prepared by [Social Worker 1], dated September 16, 2015. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] The mother’s sustained efforts have led to significant changes allowing her to resume the care of her daughter. [ 11 ] As summarized in the Analysis of the Court report : X has been placed out of her mother’s care for over a year. What is being observed to date suggests that Ms. A is able to provide full-time parental care for her daughter with the continued support of the DYP. Ms. A presently provides X with successful part-time care working collaboratively with the educator assigned. Ms.

A has demonstrated her growth and has matured throughout the DYP process. She has demonstrated her openness and motivation to learn and better her parenting skills by not only seeking out the educator with appropriate questions, but doing her own online research. Ms. A continues to demonstrate her commitment to her daughter.

With support of the DYP, the undersigned is confident X can return to her mother’s care full-time by the next court hearing where aid counsel and assistance will be provided to the family for one more year to ensure X is provided with a consistent, stable and nurturing environment. [2] [ 12 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the child, X , remain compromised 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: [ 15 ] ORDERS that the child be entrusted to the care of her mother; [ 16 ] ORDERS that the mother ensure that the child is not exposed to any persons involved in criminal activities; [ 17 ] ORDERS that the child receive all health care services required by her condition, including speech therapy, if still necessary, as soon as possible; [ 18 ] ORDERS that a person working for [Center A] provide aid, counsel and assistance to the child and her 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 one year .

TAYA DI PIETRO, Q.C.J. Me Sym Davis Attorney for the Director of Youth Protection Me Mylène Saad Attorney for the child Me Marc Morin Attorney for the mother TD/vl