2023 QCCQ 3335, 2023 QCCQ 3335

Protection de la jeunesse — 231608 2023 QCCQ 3335 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] « Youth Court Division » N°: 525-41-036482-206 Date: March 16, 2023 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2012 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of March 16, 2023, in accordance with

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 November 29, 2021, whereby the now ten year-old child, X , was entrusted to her father with aid, counsel and assistance, for a period of six months. [ 3 ] The facts alleged in support of the application for extension dated May 25, 2022, are as follows: 3.1. the child remains in the care of her father; 3.2. the contacts between the mother and the child remain suspended as she has not yet demonstrated emotional stability nor accessed services as required by the Court; 3.3. the mother has only recently started collaborating with the youth protection delegate, following her parental capacity assessment; 3.4. the mother has recently recognized her pattern of being in relationships fraught with conjugal violence, but has yet to start receiving services; 3.5. on March 24, 2022, a parental capacity assessment was completed by psychologist Reida Real Reyes; 3.6. according to said assessment, the mother still struggles with emotional and intellectual challenges for which she requires specialized services; 3.7. youth protection intervention is still required at this 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 ten months. [ 5 ] The mother, assisted by Me Morin, admitted most of the alleged facts and consented to the proposed measures. [ 6 ] The father, assisted by Me Verreault-Nantel, also consented to the proposed measures. [ 7 ] Me Rodgers, 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-7 to D-9 as evidence: D-7: Mother’s Parental Capacity Assessment, prepared by Dr. Reida Real Reyes, dated March 24, 2022, curriculum vitae en liasse (filed under

section 293 C.C.P.); D-8: Court Report, prepared by [social worker 1], dated September 15, 2022; D-9: Addendum, prepared by [social worker 1], dated March 6, 2023. [ 9 ] In

summary, significant improvements have been made since the date of the application. [ 10 ] The mother appears committed to continue counselling to recover from her trauma: Ms. A has continued to work with Ms. [social worker 2] from [Center A], the program that offers counselling for victims of conjugal violence. She has met with Ms. [social worker 2] on five occasions and she has shown commitment and interest in the program and has begun to address important issues such as understanding violence, the consequences of violence and what a healthy relationship looks like.

Ms. [social worker 2] has observed a positive change in the mother’s demeanor and self respect but acknowledges that Ms. A requires the time to address and heal from the years of trauma she has suffered. [2] [ 11 ] Contacts with her daughter have resumed with positive results: Ms. [social worker 2] has observed progress in the quality of visits between mother and daughter as Ms.

A has made an effort to apply the suggestions given X has become more affectionate with her mother and responds well to her to see her and engages in conversation more often. [3] [ 12 ] The father is proud to describe his daughter’s progress, excellent grades and many interests. [ 13 ] He hopes that his daughter will continue to excel with the support of both her parents. [ 14 ] Ongoing support is admittedly required to help the family continue to progress. [ 15 ] 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: [ 16 ] GRANTS the application; [ 17 ] 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: [ 18 ] ORDERS that the child remain entrusted to the care of her father; [ 19 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director of Youth Protection, including supervision if necessary; [ 20 ] PROHIBITS contacts between the child and Mr.

C; [ 21 ] RECOMMENDS that contacts between the child and her sister, Y, be encouraged, taking into account the child’s best interest; [ 22 ] STRONGLY RECOMMENDS that the mother follow the recommendations of her Parental Capacity Assessment by Reida Real Reyes dated March 24, 2022; [ 23 ] RECOMMENDS that the mother receive support to address her personal issues; [ 24 ] ORDERS that the parents ensure that the child is not exposed to any form of violence (physical, verbal, psychological); [ 25 ] ORDERS that the child continue to receive all health care services required by her condition, including regular follow-up for her ADHD as well as support services in the community; [ 26 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with treating professionals working with the family; [ 27 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family; [ 28 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 29 ] THE WHOLE for a period of ten months.

Signed on March 28, 2023 TAYA DI PIETRO, Q.C.J. Me Christine Waldvogel Attorney for the Director of Youth Protection Me Louis Rodgers Attorney for the child Me Marc Morin Attorney for the mother Me Mélodie Verreault-Nantel Attorney for the father Hearing dates: October 3, 2022 and March 16, 2023. TD/vl