2022 QCCQ 5875, 2022 QCCQ 5875

Protection de la jeunesse — 223778 2022 QCCQ 5875 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division N° : 652-41-000017-204 DATE : August 15, 2022 (initial judgment rendered on June 8, 2022) ______________________________________________________________________ BY THE HONOURABLE VICKY LAPIERRE, J.C.Q. ______________________________________________________________________ X, Child and B, Applicant and C, Mother and D, Father ______________________________________________________________________ JUDGEMENT ON REVIEW AND EXTENSION MODIFIED (S. 95(1), 95(2) and 75 Y.P.A.) ______________________________________________________________________ WARNING : The Youth Protection Act forbids the publishing of 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 9.2 et 9.3 et 135 Y.P.A.). [ 1 ] The Court is seized of an application for review and extension [1] in the situation in regard to the children Y, X and Z (5-years- old triplets) and A (6-year-old). [ 2 ] The director of youth protection (DYP) is involved in the situation of the children regarding some challenges of the mother. She has difficulties in regard of drugs and alcohol addiction. Consequently, the children had to be entrusted to family members. [ 3 ] A was entrusted to his maternal grandmother.

He lived with his grandparents almost since his birth. He has a strong bond with them. The mother is also living with them since November 2021. A’s father is not assuming his responsibility for the care, maintenance and education of the child. [ 4 ] The triplets were born prematurely, and they had specific needs during the first months of their life. Now they develop normally or comparable to children of their age group. [ 5 ] X was entrusted to Ms. E a family member. She has a strong bond with Ms. E. She frequently visits her mother and maternal grandparents. [ 6 ] Y was entrusted to Ms. F a family member.

He had a strong bond with Ms. F. Ms. F decided to move to [Region A]. The child had to progressively adapt to this major change. Consequently, he was entrusted to his maternal grandmother G. He is now fully adapted to his new environment. [ 7 ] From the triplets, Z is the one who has spent more time with his mother. There is a strong bond between the two of them. It is the same with his grandparents. [ 8 ] The triplet’s father is not involved with the children. Living in the Town A area, he does not assume its responsibility for the

care, maintenance and the education of the children. [ 9 ] Mother of four, C had a difficult time with the father of the triplets with many breakups and resume of their common life. The relationship is now over. The mother is working hard regarding her drugs and alcohol addiction. She now has a better control. She offers a good collaboration with the YPD worker.

Since the last order, her situation improved as much as the YPD now recommends that the children must be entrusted to the mother with a nine-month follow-up. [ 10 ] Living with the grandparents, the mother is actually assuming her parental responsibilities.

She maintains the daily routine and discipline. [ 11 ] The mother also receives a good support from the grandparents. [ 12 ] It is now in the best interest of the four children that they be entrusted to their mother. [ 13 ] Given the evidence the Court has the conviction that there is a need for review and extension of the last order and that the children’s security and development are still in danger based on a serious risk of neglect (38 b )

(2) YPA ). FOR THESE REASONS, THE COURT: [ 14 ] REVIEWS and EXTENDS the last Court order; [ 15 ] DECLARES that the security and development of the child are still in danger (38 b )

(2) YPA ); [ 16 ] ENTRUSTS the child to his mother; [ 17 ] ORDERS that a person working for an institution or body provides aid counselling and assistance to the child and the child’s family for a period of nine months; [ 18 ] ENTRUSTS the situation of the child to the Director of youth protection for the execution of the judgment. __________________________________ Vicky Lapierre, j.c.Q. M e Lyne Monger Attorney for the applicant Legal Department of the CISSS A M e Chantal Gaudreau Attorney for the child Centre communautaire juridique A Mother is present and not represented Father is absent and not represented Date of hearing : June 8, 2022.