2019 QCCQ 11452, 2019 QCCQ 11452

Protection de la jeunesse — 191855 2019 QCCQ 11452 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032360-174 DATE : April 11, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2014 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 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.). [ 1 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered on January 16, 2018. [ 2 ] On January 15, 2019, the Tribunal ordered that the child be entrusted to the mother’s care on a provisional basis. [ 3 ] Today, the Director recommends that the child remain entrusted to her mother’s care and that support measures be ordered for a period of one year. [ 4 ] The parents and the child’s attorney are in agreement with the Director’s plan. [ 5 ] Following the hearing, the decision was taken under advisement.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 7 ] In May 2018, the child’s progressive reintegration to her mother began. This process was completed on July 27, 2018. Since, the child started attending daycare on a daily basis. [ 8 ] On occasions, the mother asked Ms.

C, the child’s former foster mother, to babysit (around four times per month). [ 9 ] The child maintained regular and positive contacts with her father. [ 10 ] The child is not yet toilet trained, but it is observed that she is developing well. [ 11 ] The parents’ relationship and communication has continued to improve. They have not yet taken steps to clarify the child’s custody and access rights through Superior Court nor have they start a mediation process.

[ 12 ] The mother has receive support from the organization A, however she continues to struggle with hoarding. She has yet to empty her basement and get rid of one more cat. The general aspect of her apartment appears cleaner and the smell of cat’s litter has improved. [ 13 ] Even if she mentioned being ready to start therapy pertaining to her emotional regulation difficulties, she has not taken steps to obtain this service. [ 14 ] Since November 2018, it has been more difficult for the youth protection worker to

schedule meetings with the mother. The youth protection worker learned on March 7, 2019, that she gave birth to a premature baby girl in February 2019. The mother did not share this information willingly with the Director.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision and extension; [ 16 ] DECLARES that the security or the development of the child is still endangered; [ 17 ] REVISES and EXTENDS the order rendered on January 16, 2018; [ 18 ] ORDERS that the child remain entrusted to her mother’s care; [ 19 ] ORDERS that the frequency and modalities of contacts between the child and her father be determined by the Director of Youth Protection; [ 20 ] ORDERS that the mother collaborate with the youth protection worker and allow her access to the home environment; [ 21 ] RECOMMENDS that the parents seek services from a family mediator or file a separation and custody demand at Superior Court to determine their parental responsibilities and mutual expectations in terms of their child’s custody; [ 22 ] RECOMMENDS that the father continue to follow through with the recommendations of his mental health professionals involved and that he take his medication as prescribed; [ 23 ] ORDERS that the parents ensure their respective home environments are clean, safe and secure; [ 24 ] RECOMMENDS that the mother obtain ongoing support to address her unresolved hoarding difficulties and that she engages in individual therapy for as long as deemed necessary; [ 25 ] ORDERS the parents not to expose the child to any physical or verbal violence; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 27 ] THE WHOLE until April 3, 2020; [ 28 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on April 11, 2019 /cd Mtre Edith Zavodni Counsel for the Director of Youth Protection Mtre Alec Fafard Counsel for the child Mtre Judith Shapiro-Knight Counsel for the father Date of hearing: April 3, 2019