2016 QCCQ 15267, 2016 QCCQ 15267

Protection de la jeunesse — 166790 2016 QCCQ 15267 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-008247-167 DATE : October 11, 2016 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Petitioner -and- X , born on [...], 2016 Child-Respondent -and- A Mother-Respondent -and- B Father-Respondent ______________________________________________________________________ JUDGMEN T Section 95(2) 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 ] The Director of Youth Protection (the Director) petitions the Court with a Motion for extension of a Court Decision dated August 10, 2015 in the situation of Y and dated March 10, 2016 in the situation of X . [ 2 ] Following these decisions, the Court ordered that Y be entrusted to her maternal grandparents and that X be entrusted to his paternal grandmother for a period of one year.

The Court also ordered in both cases that the contacts between the children and their parents be following agreement between the parties and in the presence of a third party chosen by the Director. [ 3 ] Today, the Director recommends that Y be entrusted to the foster family of her maternal grandparents until her majority which is on [...], 2030 and that X be entrusted to his paternal grandmother for a period of six months. The paternal grandmother has been recognized as a proximity foster family. [ 4 ] The parents and the children’s lawyer agree with the conclusions of the Director.

The father’s lawyer suggests that the contact with the children be unsupervised because of his client’s positive evolution. [ 5 ] Y lives with her maternal grandparents since February 11, 2015 and X lives with his paternal grandmother since January 25, 2016. Both children are evolving positively in their milieu. [ 6 ] Since the last Court order, the mother’s situation has remained the same in terms of difficulties. She has to cope with impulsivity, anxiety and mental health issues.

She is on a waiting list to receive a psychiatrist follow-up. [ 7 ] At the beginning of the summer, the mother moved in Town A with a new boyfriend and stopped visiting her children. She explains her absence to the visits by the fact she now lives in Town A and had money problems. The visits are planned each week.

[ 8 ] The mother is registered in a parenting class offered by the Director. These group sessions should resume in October 2016. [ 9 ] Before the separation of the parents, the relationship between them remained conflictual. Moreover, conflicts occurred during the supervised contacts at the office of the Director in the presence of the children. [ 10 ] As for the father, in July 2016, he moved with his mother and his brother to a new home in Town B. Before, the family members lived in the same apartment building in Town C. [ 11 ] The father is involved daily in the care of his son.

He participated to most of his medical appointments. [ 12 ] The father began an individual therapy at the Brossard CLSC. He has almost completed his ten sessions. He agreed to participate in a parenting class. [ 13 ] Y visits her father on weekends for a few months under the supervision of the paternal grandmother.

Analysis and decision [ 14 ] It is undeniable that the parents love their children but both parents admit that they are not able to take care of the children on a full-time basis. [ 15 ] They recognize that Y has a positive bond with the maternal grandparents and that they are a figure of security and stability.

For these reasons, the parents agree that their daughter be entrusted to the maternal grandparents until her majority. [ 16 ] X will remain entrusted to his paternal grandmother for a period of six months. [ 17 ] The parents can play a positive role in their children’s lives because of the support of the maternal and paternal grandparents. A co-parenting approach is working in the best interest of the children. [ 18 ] The mother has to prioritize her children’s needs. She has to work on her difficulties and continue to be involved in her children’s situation. Her presence is precious in their lives.

For the mother, the supervision is still needed. [ 19 ] The father’s situation evolves positively. He is more implicated with his children and is trying to address his difficulties. There is no evidence that the supervision is required during his contacts with the children. [ 20 ] Given the admissions and the content of the reports, the Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the best interests of the children.

DECISION OF THE COURT [ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security and development of the child are still in danger; [ 23 ] EXTENDS the Court order rendered on March 10 th 2016; [ 24 ] ORDERS that the child be entrusted to his paternal grandmother, Mrs C; [ 25 ] TAKES ACTS that the paternal grandmother has been recognized as a foster family of proximity; [ 26 ] ORDERS that the contacts between the child and the mother be following an agreement between the parties concerning the terms, the frequency and the degree of supervision; [ 27 ] ORDERS that the contacts between the child and the father be following an agreement between the parties concerning the terms and the frequency; [ 28 ] ORDERS that the 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, counsel and assistance to the child and the family; [ 30 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the measures; [ 31 ] THE WHOLE for a period of six months; __________________________________ Lyne Morin , J.C.Q. Me Julie Langlois Attorney for the Director Me Jean-Pierre Gaudreau

Attorney for the child Me Alexandre Germain Attorney for the mother Me Kathleen O’Meara Attorney for the father Date of hearing : October 11, 2016