2019 QCCQ 16076, 2019 QCCQ 16076

Protection de la jeunesse — 196389 2019 QCCQ 16076 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-005230-167 DATE: April 25, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 2016 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant v.

A B 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 ] On April 13, 2018, the Court prolongs for one year the protective measures in force in regards to the child X, namely that he remains entrusted to his paternal grandmother while benefiting from supervised contacts with his parents. [ 2 ] The Director of Youth Protection seeks a further one year extension as well as a variation as to the child’s contacts with his father, allowing short periods without supervision. [ 3 ] The father and the child’s attorney, acting under a legal mandate, subscribe to the Director’s evaluation and proposed orientation.

The Court dispenses service to the mother who resides in Country A but is of unknown address. [ 4 ] Analysis and decision [ 5 ] Since he is two days old, X resides under the care of his paternal grandmother. Although such is the case, his father maintains a significant involvement in his care and routine, as he also resides in this environment. [ 6 ] The grandmother, at 76 years old, has reduced mobility which hinders her ability to physically intervene with the child.

She remains, however, an active participant in his needs and routine, also serving as a guide to the father in this regard. [ 7 ] On a daily basis, X can be left alone with his father for approximately one hour while the grandmother takes care of errands or appointments. The parties agree that such be extended to allow limited unsupervised contacts surrounding activities or short outings. [ 8 ] X is evolving well. In the last year, he attends daycare on a full-time basis. [ 9 ] The father cooperates in the follow-up, showing motivation and openness to working on his parental skills.

Although he participates in different meetings to this end, his parental capacities continue to remain limited and he requires accompaniment. [ 10 ] Both the grandmother and the father show difficulties adapting to X’s growing developmental needs, sometimes resisting the Director’s counsel. [ 11 ] On a personal level, the father is more stable and maintains his sobriety. [ 12 ] The mother continues to reside in Country A and has no contact with her son since the last order.

She is mostly uninvolved in the follow-up. [ 13 ] Although the Court endorses the extension of the measures for another year in reason of the father’s stability and implication in the rehabilitation of the situation of endangerment, X’s future remains unclear in view his grandmother’s progressive frailties and the

father’s continued limitations surrounding his parental capacities. [ 14 ] It is therefore becoming increasingly necessary to consider X’s long-term needs and specifically whether his father can eventually be entrusted to his care.

Such was already the evaluation of the Court within the last order: [18] Bien que l’enfant évolue positivement au sein du milieu de sa grand-mère, il n’en demeure pas moins que la Directrice doit d’ores et déjà se pencher sur le projet de permanence de l’enfant et le cas échéant, le présenter au Tribunal avant l’expiration de la présente ordonnance. [ 15 ] FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the motion for extension of a Court decision; [ 17 ] DECLARES that the security and the development of the child are still in danger; [ 18 ] EXTENDS the Court order rendered on April 13, 2018; [ 19 ] ENTRUSTS the child to his paternal grandmother, to the exclusion of the mother; [ 20 ] ORDERS that the contacts between the child and his father be supervised by the Director of Youth Protection or someone designated by him; [ 21 ] AUTHORIZES the partial lifting or total lifting of the supervision of the contacts between the father and the child following an agreement between the parties and namely : [ 22 ] TAKES ACT that the parties agree that the child will have unsupervised periods of contacts with his father for activities; [ 23 ] ORDERS that the contacts between the child and his mother be determined by all the parties in terms of modalities and frequency, according to the best interest of the child; [ 24 ] AUTHORIZES the Director of Youth Protection or someone designated by him to supervise all the contacts between the child and his mother; [ 25 ] ORDERS that the parents be sober and not under the influence of any drugs or alcohol at all times in the presence of the child; [ 26 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security or the development of the child is in danger; [ 27 ] ORDERS that the parents take an active

part in the application of the measures; [ 28 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the child and his family; [ 29 ] ALL THESE MEASURES for one year; [ 30 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Julie Tassé Attorney for the Applicant Me Michel Robert Attorney for the father Me Karine P. Poissant Attorney for the child Date of hearing: April 25, 2019