2016 QCCQ 12619, 2016 QCCQ 12619

Protection de la jeunesse — 165556 2016 QCCQ 12619 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000486-156 DATE: August 3, 2016 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2008 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] The Director of youth protection (DYP) asks the Court to revise and extend the order rendered on September 2, 2015, in respect of the child. His siblings are aimed by the same request. The parties agree to present common evidence. [ 2 ] Concerning the conclusions proposed, the DYP proceeds to amendments in the application instead of entrusting the child to the mother as of September 2016 it would be in November 2016. [ 3 ] At the hearing, the parents are present but not represented.

The parents generally admit the facts. They agree with the amended measures proposed by the DYP and with the filing of the reports to value the testimony of their respective author. [ 4 ] The child is not present but duly represented. His counsel also expresses his consent. [ 5 ] Since the last Court order, the mother continues her external follow-up for addic-tion. She also collaborates with the services and professionals. She was assessed by a psychologist to evaluate her psychologically and as well as her parental capacities.

The report concludes that the children should reintegrate progressively the mother’s house. [ 6 ] She is making great effort to become drug free but there is always a risk of going back to her old habits. Therefore, she remains fragile. She attended a treatment program in regards to her addictions, but she relapsed before the end. The mother feels more in control of her life than before, and she is working to deal with her issues and addictions. She’s getting better and shows improvement. She wishes to care for her children, and she wants the best for them.

She wants them to be secure and happy. [ 7 ] The father collaborates more with the services. He is trying to get a stable life, and he started to work on a fishing boat. [ 8 ] The parents had visits with the children. Some were supervised and others unsupervised. It went well; they could preserve a stable structure for them. [ 9 ] The child is seven years old, and he has been living in a foster family since July 15, 2015. He is adapting well. He had difficulty in school but since her mother got involved in the meetings, he made good progress and his behaviour improved. He also enjoys the visits with his parent.

The child still needs to be secure and to be in a stable environment. [ 10 ] The father is less available, even if he is involved in the children’s lives and working on his own addiction and issues. The mother cares for her children. She wants them to be secure and happy. She is working to provide such an environment for all her children and to get them back. [ 11 ] The evidence demonstrates that the security and development of the child are still in danger. Under the circumstances, the

application is well founded. The suggested measures appear to be in the best interest of the child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] REVISES AND EXTENDS the Court order rendered on September 2, 2015; [ 15 ] ORDERS that the child be entrusted to a foster family with progressive reintegration with his mother, starting August 3, 2016; [ 16 ] ORDERS that the child be entrusted to his mother, as of November 30, 2016; [ 17 ] ORDERS the contacts between the child and his father take following an agreement between the parties; [ 18 ] RECOMMENDS that the parents continue their follow-up with their addiction counsellors, as long as deemed necessary by the professional involved; [ 19 ] ORDERS that both parents remain sober at all time in the presence of the child; [ 20 ] RECOMMENDS that the father submit himself to a parental capacity and psychosocial evaluation; [ 21 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation. [ 22 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until August 31, 2017; [ 23 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Lynn-Ann Smith for the applicant Me Réal Grenier for the child Mrs. A the mother Mr. B the father Written judgment filed on August 16, 2016