2020 QCCQ 6989, 2020 QCCQ 6989

Protection de la jeunesse — 206306 2020 QCCQ 6989 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N° : 455-41-001023-167 DATE : October 15, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2010 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A The mother -and- B The Father ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ 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.). Introduction [ 1 ] The Director is requesting the revision of the Court order rendered on September 12, 2019. [ 2 ] By this decision, the Tribunal declared the security and development of X still in danger for the motives of educational neglect and psychological ill-treatment. [ 3 ] As protective measure, the Court entrusted the child to the nearby foster family of Ms. C and Mr.

D, prohibited any direct or indirect contact between X and her mother, authorized in the child’s favor, contact with her father, upon agreement and according to the modalities agreed with the Director, respecting the child’s pace, took notice of the Director’s intention to increase the duration and frequency of contact between the father and the child, ordered that X receive all the health care and services required by her situation, and ordered a social follow-up for a period of one year. [ 4 ] In addition, by this order, the Court withdrew from the mother the exercise of certain attributes of parental authority, and designated the father to exercise alone the said attributes of parental authority withdrawn from the mother. [ 5 ] Today, the Director considers that the security and the development of the child are still in danger for the same motives. [ 6 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court entrust the child to the foster family of proximity of Mrs.

C and Mr. D, authorize contacts with the father according to the frequency and modalities agreed upon with the Director, forbid all contact with the mother, order that the exercise of certain attributes of parental authority be withdrawn from the mother, and authorize the father to exercise alone the attributes of parental authority withdrawn from the mother, take notice of her intention to elaborate a life project for the child, and order a social follow-up for a period of 9 months. [ 7 ] At the hearing held on October 15, 2020, the mother is absent and not represented by a lawyer.

She was duly served on August 18, 2020. The mother offers no collaboration, she is absent from X’s life and the Director is unable to reach her. The Court proceed in her

absence. [ 8 ] The father is present and represented. He agrees with the proposed measures. [ 9 ] The child’s lawyer is also in agreement with the Director’s recommendations. Evolution of the situation [ 10 ] Since the last Court order, X (10 years old) remains with the foster family of proximity of Mrs. C and Mr.

D, with whom she has built a significant relationship. [ 11 ] For the school year 2020-2021, X attends a class for children presenting severe learning difficulties, although she has made significant progress in school. [ 12 ] The father has also made a lot of progress in the recent months regarding his personal situation. [ 13 ] In June 2020, the father regained full custody of X’s sibling, Y, and shared custody of Z. [ 14 ] Contacts with the father have increased during the last measure, apart from the confinement period due to the Covid-19 pandemic. [ 15 ] The father is actively participating in the social follow-up. [ 16 ] He shows sensibility towards his daughter’s needs. [ 17 ] The father is continuing to improve.

In her revision report, the delegate mentions: «The father’s collaboration has never been. This is really helpful to him, to his children and to the situation. He is really working hard on himself and changed a lot over the years. This is why we think that he deserves a second chance and X does not feel the need to confirm her situation up until her majority for now. She is not in a conflict of loyalty because her father allows her to feel good with Mrs. C and Mr. D. The fact that he has to work on the return of his three children at the same time is a really big challenge.

He ep loves his three children, but we agreed with him that he needs the keep his focus on Z and Y. He knows that X feels good where she is and it is easy for him to go get her because she is really close to his place. He has shown a lot of sensitivity to her needs and listens to her.

As for the contacts, he respects her rhythm and she appreciates that. » [ 18 ] The father is able to respect his daughter’s rhythm, putting her interest first. [ 19 ] The child is doing well in her foster family and has expressed her desire to stay there for the time being. [ 20 ] The mother still offers no collaboration and the delegate is unable to reach her. [ 21 ] By their agreement, the parties recognize that the proposed measures meet X’s needs. [ 22 ] The Court also considers that the situation evidenced in the revision report produced herein gives rise to the sought measures.

FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development of the child X are still in danger. REVISES the Court order rendered on September 12, 2019 in the present file; ENTRUSTS the child to the foster family of proximity of Mrs. C and Mr.

D; AUTHORIZES , in the child’s favor, contacts with her father according to the frequency and modalities agreed upon with the Director of Youth Protection; FORBIDS all contacts between the mother and the child; ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regards or in the child’s regard to put an end to the situation of endangerment; ORDERS that the exercise of certain attributes of parental authority be withdrawn from the mother, namely regarding heath care and services, school inscriptions and activities, leisure activities, passport request and authorizations to travel; AUTHORIZES the father to exercise alone the attributes of parental authority withdrawn from the mother; TAKES NOTICE of the Director of Youth Protection’s intention to elaborate a life project for the child; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child and her family for a period of nine (9) months; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out;

___________________________________ PASCALE BERARDINO, J.C.Q. M e Andréanne Lacasse Counsel for the Director Of Youth Protection M e Maryse Pinsonneault Counsel for the children Me Érica Gosselin Counsel for the father Date of the hearing: October 15, 2020