2019 QCCQ 14306, 2019 QCCQ 14306

Protection de la jeunesse — 194146 2019 QCCQ 14306 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N° : 505-41-004215-051 DATE : July 11, 2019 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A, Applicant -and- X , born on [...], 2005 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Article 95 (1) of the Youth Protection Act ______________________________________________________________________ JM2505 CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] T he Director of Youth Protection (the Director) petitions the Court with an Application for partial Revision of a Court decision dated October 20, 2016. [ 2 ] Following this decision, the Court ordered that the contacts between the child and his mother be following agreement between the parties as to the terms, the frequency and the degree of supervision.

The Court also maintained all the other conclusions rendered on September 11, 2017, not inconsistent with the judgment to intervene. [ 3 ] On September 11, 2017, Justice Allaire entrusted the child to the foster care of Mrs. C, the maternal grand-mother until his majority on [...], 2023. [ 4 ] Today, the Director asks the Court to order that the contacts between the child and his mother be following agreement between

the parties and according to the child’s wishes, without any explanation being given by the child to the mother, if he does not want to see her and that the terms, frequency and degree of supervision be as per the decision of the Director. [ 5 ] The Director has the intention to continue to encourage the visits between the mother and the child and will remain available for mediation between them. [ 6 ] The mother is not present at the hearing. She agrees with the conclusions. [ 7 ] The last contact between the child and his mother took place on January 19, 2017.

The child reported to the Director that his mother sold and smoked marijuana in his presence during this visit. [ 8 ] The child remained entrusted into his grandmother’s care. He attends [High School A], where he is reported to be doing well. On weekends or holidays, he continues to visit his aunt Ms. Con who resides in Town A. He enjoys spending time with her and considers her as a mother. [ 9 ] Despite the efforts made by the Director to encourage the child and his mother to attempt repairing their relationship, X does not want to visit his mother.

He explains that the visits to his mother were not going well and that she would be talking negatively about his grandmother and aunt during the visits. [ 10 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the best interest of the child.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and the development of the child are still in danger; [ 13 ] REVISES partially the Court Order rendered on October 20, 2016; [ 14 ] ORDERS that the contacts between the child and his mother be following agreement between the parties and according to the child’s wishes, concerning the terms, frequency and the degree of supervision; [ 15 ] TAKES JUDICIAL NOTICE that the Director of Youth protection will continue to encourage the visits between the mother and the child, and will remain available for mediation between them; [ 16 ] MAINTAINS all the other conclusions ordered on October 20, 2016, non inconsistent with the present judgment to intervene; [ 17 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the measures; [ 18 ] THE WHOLE until the majority of the child, on [...], 2023. __________________________________ Lyne Morin , J.C.Q.

Me Adrienne Fournier-Sirois Attorney for the Director Me Jean Pierre Gaudreau Attorney for the child Date of hearing : Signed judgment : July 11, 2019 July 16, 2019