2019 QCCQ 12437, 2019 QCCQ 12437

Protection de la jeunesse — 192473 2019 QCCQ 12437 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] No: 505-41-008642-177 DATE: April 8, 2019 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE AUTHIER ______________________________________________________________________ [Social Worker 1], person authorized to act on the behalf of The Director of Youth Protection A Applicant and X, born on [...], 2008 child and A Mother and B Father ______________________________________________________________________ J U D G M E N T

Section 95 of the Youth Protection Act ______________________________________________________________________ ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] This judgment confirms and motivates the order made forthwith on April 8, 2019. [ 2 ] The Director submits an application for revision and extension in which she alleges that the security development of the child are still endangered so that she requires the intervention of this Tribunal. [ 3 ] The Director recommends, as a principal measure, that the child be entrusted to her father with social follow-up for one year.

CONTEXT AND ANALYSIS [ 4 ] Since the last Court order, the child remained entrusted to her father and evolves positively. They both live with the paternal grandmother. [ 5 ] Despite the prohibition of contact between the mother and the child, these crossed inadvertently on two occasions. It is reported that the child had a fearful reaction when she saw her mother. [ 6 ] The child denies having the openness to see his mother again under the supervision of the social worker. [ 7 ] She is doing well at school and is motivated to succeed.

The applicant reveals that the child can be defiant towards authority, particularly with her grandmother although she appears at ease, secure and reassured in this environment. [ 8 ] The father collaborates well with the social services and is stable in every aspect of his life. He still fears that mother would act inadequately again and feels that the child be put in her presence eventually. [ 9 ] It is reported that mother has made tremendous efforts to maintain her follow-ups and continued to address her issues. She is presently awaiting for psychiatric assessment.

She indicated that she trusts the case worker and the latter confirms that mother is collaborating well. [ 10 ] Having weighed the evidence submitted by the parties, this Tribunal is of the opinion that the evidence shows that the security and development of the child are still in danger.

[ 11 ] Taking into consideration the entered evidence, the Tribunal concludes that the child’s entrustment to her father is the most appropriate measure and the only one that best suits her interest.

FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and the development of the child X are still in danger; [ 14 ] REVISES AND EXTENDS the Court order rendered on July 17, 2018 [ 15 ] ORDERS that the child be entrusted to her father; [ 16 ] ORDERS that the contacts between the child and her mother be following agreement between the parties, in the presence of a third party chosen by the Director; [ 17 ] TAKE JUDICIAL NOTICE that the child will be met by the Director to find out if she’s interested into resuming contact with her mother; [ 18 ] ORDERS that the parents of the child take an active

part in the application of the measures ordered; [ 19 ] ORDERS that a person working for an institution or body provides aid, counselling and assistance to the child and her family; [ 20 ] TAKE JUDICIAL NOTICE that the mother gives access to her personal therapeutic process related to the endangerment; [ 21 ] TAKE JUDICIAL NOTICE that the process of resuming contacts will be taking into account the needs and reactions of the child; [ 22 ] ORDERS the father not to discuss or let anyone else discuss of the judicial contact with Mother with or in front of the child; [ 23 ] ORDERS that the child receives all the care and health services, namely, a psychological follow-up if the child ask for it and as long as deemed necessary by the professional; [ 24 ] ENTRUST the situation of X to the Director of Youth Protection A for the execution of this judgment. [ 25 ] THE WHOLE until April 8, , 2020. __________________________________ Jean-Pierre Authier, J.C.Q.

Mrs Isabelle Lyonnais Attorney for the Director of Youth Protection Mrs Charlotte Vanier-Perras Attorney for the child Mrs Kathleen O’Meara Attorney for the mother Father nonrepresented Date of hearing: April 8, 2019