2017 QCCQ 17372, 2017 QCCQ 17372

Protection de la jeunesse — 177514 2017 QCCQ 17372 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-029474-152 Date: August 30, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2015 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Youth and Family Centres Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 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 August 30, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on June 14, 2016, whereby the now two and half year-old child, X , was entrusted to her father with aid, counsel and assistance, for a period of twelve months. [ 3 ] The facts alleged in support of the Application for extension dated June 13, 2017, are as follows: 3.1. the child remains living with her father where she is progressing well; 3.2. the child has supervised visits with her mother through [A Organism] every second Saturday for a two-hour duration; 3.3. the parents continue to have a difficult relationship; 3.4. although the mother completed a parenting course through A Youth and Family Centres, more work needs to be done to enhance her parenting skills; 3.5. the mother completed her therapy sessions at her CLSC; 3.6. the youth protection worker will arrange for the mother to undergo a new parental capacity assessment to determine the role she can play in raising the child; 3.7. the mother is not in a position to resume the full-time care of X at the present time (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to her father, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted all the alleged facts and consented to the proposed measures.

[ 6 ] The father, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts and also consented to the proposed measures. [ 7 ] Me Saad, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-9 and D-10 as evidence: D-9: Court report, written by [Social Worker 2], dated June 12, 2017; D-10: Letter, written by [Social Worker 3], dated February 2, 2017. [ 9 ] In

summary, the parents acknowledge the need for support and ongoing social services. [ 10 ] However, both parents agree that their ability to communicate in their daughter’s interest has improved considerably. [ 11 ] The father fully supports the mother’s efforts to play an important role in their daughter’s life, providing her with weekly reports on their daughter’s development and facilitating transportation for visits whenever possible. [ 12 ] Both parents welcome a new parental capacity assessment to assist the mother in improving her parenting skills. [ 13 ] They also hope to avoid additional changes in the workers involved with the family. [ 14 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the child, X , remain in danger under 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 be entrusted to the care of her father; [ 18 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by consent amongst the parties, taking note that visits are currently being supervised by [A organism] and the Director of Youth Protection; [ 19 ] RECOMMENDS that the mother take steps to address her personal issues, including that she undergo a Parental Capacity assessment and follow the ensuing recommendations TAKING JUDICIAL NOTICE of her consent to do so; [ 20 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with treating professionals working with the family regarding participation and attendance; [ 21 ] ORDERS that a person working for A Youth and Family Centres provide aid, counsel and assistance to the child and her family, including the services of an educator for the mother as indicated [ 22 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A Youth and Family Centres, who shall then see that the measures are carried out; [ 23 ] RECOMMENDS that the same social worker remain involved with the family; [ 24 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Mylène Saad Attorney for the child

TD/vl