2017 QCCQ 10308, 2017 QCCQ 10308

Protection de la jeunesse — 174016 2017 QCCQ 10308 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31844-160 Date: June 5, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2009 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother (deceased) -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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.). [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of June 5, 2017, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was also presented with a similar motion regarding the child’s sibling whose situation is addressed in a separate judgment. [ 3 ] The Director of Youth Protection A filed a Motion to declare that the security or the development of a child is in danger in the case of X , a seven year-old child, based on the neglect from which she suffers. [ 4 ] The facts alleged in support of the motion dated November 9, 2016 are as follows: 3.1. the mother passed away suddenly, on August 10, 2016; 3.2. since that date, the child and her half sibling have been living with the maternal uncle and aunt, Mr.

C and Ms.

D; 3.3. between 2010 and 2012, the father did not have contact with the child; 3.4. in 2012, the father only had a brief period of contact with the child; 3.5. in 2012, the father mentioned that if he did not have full custody of the child, then he did not want to have any contact with her again; 3.6. the father has not had any contact with the child since 2012; 3.7. in 2011, the father was convicted of assault and assault with a weapon or causing bodily harm towards the mother, and had criminal conditions restraining his contacts with her; 3.8. in or around mid October 2016, upon hearing about the mother’s death, the father contacted the maternal aunt and uncle; 3.9. at that time, the father expressed that he wishes for the child to be in his care;

3.10. the maternal aunt and uncle refuse to give the father their address, out of fear due to the violent history of conjugal violence that the father had towards the mother; 3.11. upon asking the child about her father, she said that she knows who he is, and that he is a very mean person (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child be entrusted to the foster family of her maternal aunt and uncle with aid, counsel and assistance, as well as additional corrective measures, until June 30, 2018. [ 6 ] The mother is deceased. [ 7 ] The father, assisted by Me Dubé-Laberge, admitted the majority of the facts alleged and consented to the proposed measures. [ 8 ] Me Marceau, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibits D-1 to D-5 as evidence: D-1: Copy of Act of Death regarding the mother; D-2: Child’s birth certificate; D-3: Court Report, written by [Social Worker 2], dated January 4, 2017; D-4: Criminal record of the father; D-5: Addendum I, written by [Social Worker 1], dated May 29, 2017. [ 10 ] In

summary, the allegations are admitted and the father acknowledges the need to allow the child sufficient time and space to adapt as they built a relationship following the father’s prolonged absence from the child’s life. The father appears to understand the importance of not denigrating the mother’s memory in the child’s presence and accepts that she is well-cared for by her aunt and uncle for the time being. [ 11 ] He is collaborating with social services to ensure that visits with his daughter are positive and consistent.

Visits are to be increased gradually as their relationship develops, taking into account the child’s needs and reactions. [ 12 ] The child’s maternal aunt and uncle are committed to caring for the child but are also supportive of her desire to build a closer relationship with her father. [ 13 ] Services will need to be provided to the child to help her grieve the loss of her mother, and adjust to her new circumstances. [ 14 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and the development of the child, X , are in danger under

section 38 (b) (1) (iii) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child remain entrusted to the foster home of her maternal aunt and uncle, Mrs. D and Mr.

C; [ 18 ] ORDERS that the frequency and modality of contacts between the child and her father be determined by agreement between the parties, on the condition that the father not denigrate the child’s mother in her presence and TAKING JUDICIAL NOTICE that contacts will be determined taking into consideration the child’s reactions as well as her wishes and desires; [ 19 ] TAKES JUDICIAL NOTICE that contacts will continue to be encouraged and that they are expected to include home visits, and eventually overnight visits when the child is ready; [ 20 ] ORDERS that the child receive therapeutic support to address her emotional needs; [ 21 ] ORDERS that any recommendations made by her treating professionals be followed; [ 22 ] TAKES JUDICIAL NOTICE that she is waiting for art therapy; [ 23 ] RECOMMENDS that the father continue to receive therapeutic support; [ 24 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family, including the services of an educator for as long as deemed necessary; [ 25 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are

carried out; [ 26 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 27 ] THE WHOLE until June 30, 2018. TAYA DI PIETRO, Q.C.J. Me Heidi Lechter Attorney for the Director of Youth Protection Me Laurence Marceau Attorney for the child Me Léandre Dubé-Laberge Attorney for the father TD/vl