2020 QCCQ 13287, 2020 QCCQ 13287

Protection de la jeunesse — 208876 2020 QCCQ 13287 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division»

N° : 505-41-008414-163 DATE : December 4, 2020 ______________________________________________________________________ PRESIDED BY THE HONORABLE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -and- X , born on [...], 2010 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Section 95(1) (2) of the Youth Protection Act ______________________________________________________________________ JR1585 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 ] According to the last Court order of March 10, 2020, the child, who is aged 10, is entrusted to her paternal aunt, Mrs. C.

The mother lives with them. [ 2 ] The Director of Youth Protection (the Director) presents an application for the revision and extension of this order. [ 3 ] Alleging that the child still evolves positively at her aunt and that the mother will not ask for her custody, the Director recommends the extension of the measures until her majority. [ 4 ] The mother and the child agree with the measures. The father also agrees with the measures except for the request that the exercise of certain attributes of parental authority be withdrawn from him.

THE SITUATION OF THE CHILD [ 5 ] The evidence reveals that the paternal aunt continues to provide a safe and secure environment for the child. [ 6 ] The mother is well involved in her daughter's life. However, she has changed her mind about getting custody. [ 7 ] She now believes that it would be more beneficial to her daughter to stay entrusted to the aunt until her majority. She is thinking about seeking work outside Quebec since she is more fluent in English and job opportunities are more present elsewhere in Canada.

[ 8 ] She wants her daughter to stay in Quebec, get a good education, and be safe with her aunt. [ 9 ] The father remained incarcerated until August 31, 2020. After that he got conditional liberation for the next six months at the [Center A] in Town A. [ 10 ] The father shows signs of collaboration with the Director.

He is comfortable that the child stays with the aunt until her majority and is willing to respect the needs and decisions of his child concerning the contacts. [ 11 ] The Director wishes that the father continues to work on his personal issues seriously and to be informed of his follow-up and progression. [ 12 ] The father has participated in some assessments provided by the incarceration centre but has not addressed his sexual concerns in depth.

He explains to the Court that he has begun therapy at [Center A], every Friday. [ 13 ] Up until the month of November 2020, the child and the father exchanged some letters. The first contact in person took place on November 4. Another visit took place a few weeks later. [ 14 ] After the visits, the child shows some signs of anxiety such as difficulties to sleep and the need of physical proximity from the mother and the aunt. [ 15 ] The Director wants the mother to be able to sign alone the authorizations needed for her daughter.

This request comes after the father refused to sign papers for her to receive psychological and neuropsychological services since she struggles in school and shows signs of anxiety. [ 16 ] At the hearing, the father explains that he did not refuse to sign but wanted to have more information. [ 17 ] The Director has not met with the other sisters of the father since they have not reached to the Director and they still deny the sexual and physical abuse even if the father pleaded guilty and was incarcerated. ANALYSIS AND DECISION [ 18 ] The child evolves positively with her aunt.

It is time for her to benefit from an order aimed at ensuring continuity of care, stable relationships and stable living conditions corresponding to her needs on a permanent basis. [ 19 ] As the Director testified; consistency is very important for X. The parties need to all work together in her best interest. [ 20 ] The Court will not grant for now the request for the restriction of the father’s parental authority based on the only example that the Director brought up.

He is willing to collaborate and has already signed the authorizations. [ 21 ] After having received the admissions, taken into consideration the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and the development of the child X are still in danger; [ 24 ] REVISES AND EXTENDS the Court order rendered on March 10, 2020; [ 25 ] ORDERS that the child be entrusted to a foster care family, namely the one of Mrs.

C; [ 26 ] ORDERS that the contacts between the child and her father be following agreement between the parties and in the presence of a third party chosen by the Director; [ 27 ] AUTHORIZES the contacts between the child and her extended paternal family conditionally to a previous meeting with the Director of the Youth Protection in order to advise them on all the precise facts related to the protection Order; And if there are contacts, that they be supervised a third party chosen by the Director; [ 28 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her family; [ 30 ] RECOMMENDS that the father continue to take the necessary steps regarding his sexual concerns; [ 31 ] TAKES JUDICIAL NOTICE that the child will be evaluated by a neuropsychologist and that she will receive a psychological follow up; [ 32 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of le Centre de santé et de services sociaux A for the execution of the present judgment; [ 33 ] THE WHOLE until the majority of the child on [...], 2028.

__________________________________ Mélanie Roy, J.C.Q. Me Karine Nantais Attorney for the DYP Me Karyn Brown Attorney for the child Me Alissa Provost Attorney for the mother Me Lucie Gaucher Attorney for the father Date of hearing : December 4, 2020 Judgment signed on : January 29, 2021