2019 QCCQ 16392, 2019 QCCQ 16392

Protection de la jeunesse — 195666 2019 QCCQ 16392 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division » N°: 650-41-003155-195 DATE: June 26, 2019 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.Q.C. In the case of: X Child And [SOCIAL WORKER 1] Person authorized by the Director of Youth Protection Applicant and A Mother and B Father 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 Court hereby confirms and motivates in writing the decision rendered on the bench on June 26, 2019, on an Application for review and extension of the measures regarding X (almost 10 years old) . [ 2 ] On October 9, 2018, the Court ordered different measures, among others, that the child be entrusted to her paternal grandmother, Mrs.

C, until the end of the school year, that the child receive the necessary follow-up for her needs (school, medical, social), that the parents report periodically to the CISSS worker, that the contact between the child and her parents take place according to an agreement between the parties.

Furthermore, the Court recommends that the mother continue her follow-up regarding certain issues (personal situation, domestic violence, alcohol addiction) and that the father begin his own follow-up (anger issues, alcohol issues). [ 3 ] Since August of 2018, the child has been living with her paternal grandmother in Town A, an environment where she is evolving positively, has significant attachments and a place where all her needs are being met. [ 4 ] X has been doing exceptionally well since she has been in her grandmother’s custody.

She has been attending Grade 4 at A School assiduously and has been doing very well. At the beginning of the school year, she started receiving extra help from her teachers: three days a week for French (two days a week) and for reading (once a week). X’s reading, which was at a Grade 2 level at the beginning of the school year is now almost at a Grade 4 level. X’s French has also improved to a point where she only needs to be seen once a week for extra help instead of twice a week. [ 5 ] The child is a very calm, mature and respectful young girl.

She maintains a healthy relationship with her peers and her surrounding. In spite of the difficult things she has experienced, she continues to show resilience and to blossom. Nonetheless, X tends to put loved ones’ feelings ahead of her own. When asked where she would like to live, she responds by wishing she could return to her foster family in Val-des-Monts, simply because she wouldn’t want to choose between her mother, her father and her grandmother. She wouldn’t want to make anyone sad. X loves both her parents and her paternal grandmother very much. [ 6 ] Mrs.

C has been fully invested into making sure all X’s needs are met since she has been placed into her care. She has scheduled medical appointments for X and accompanied her to each one. The grandmother has been in contact with the school authorities

when necessary, participating in the activities involving X as well as helping her with her homework on a daily basis. Mrs. C has also been very collaborative with our services and reported to us regularly. She made sure X would speak to her mother when she called. If a call was missed, Mrs. C made sure to call Mrs. A back. The grandmother has maintained a healthy communication with X’s mother as well as a healthy relationship with her son, X’s father. Mrs. C loves her granddaughter very much and simply wants X to be happy and to grow in a positive and stable environment. In addition, Mrs.

C has been evaluated and is now recognized as a Proximity Foster Family. [ 7 ] When X was placed under her paternal grandmother’s care, the father moved back to Town A and moved in with his mother, Mrs. C, to be close to his child.

He had to leave the community for three months this past winter for employment purposes, however, he continued to have regular telephone contacts with his child. [ 8 ] In the fall of 2018, the mother was living in Town B, until recently, after experiencing a significant period of physical instability. [ 9 ] Since the last Court order, the mother has been absent in her child’s life with the exception of sporadic phone calls. [ 10 ] The mother has moved back to Town C since the 9 th of May 2019, with the intention of being closer to her child as well as in hopes of regaining custody.

She has left her job and is now a palliative care nurse for the elderly. She claims having been sober for eight months. [ 11 ] Since the last Court, the mother has had little to no collaboration with the Youth Protection social workers. Recently she has offered her collaboration and is ready to continue her follow-up. [ 12 ] Her daughter will go stay with her in Town C for one week.

She has a good relation-ship with the paternal grandmother and the relationship with the father is improving. [ 13 ] The parents are currently not in a position to ensure the custody and care of their child. [ 14 ] The father needs to prove that he has the abilities to respond entirely to his child’s needs, [ 15 ] The mother must demonstrate stability, sobriety as well as an active collaboration with Youth Protection services. [ 16 ] Although aware that the child has been placed for numerous months, the Director of Youth Protection wishes to extend the Court order for another few months, before proposing to the Court a permanency plan for the child. [ 17 ] The paternal grandmother remains willing and able to respond to the child’s needs. [ 18 ] The Court concludes that the child’s security and development remain in danger because she is subjected to psychological ill- treatment on account of the conflicts that continue to persist between the parents, and that there is a serious risk of neglect for the child due to the mother’s instability as well as substance abuse. [ 19 ] The application, to which the parties consent, is in the best interest of the child, and thus should be granted.

FOR THESES REASONS, THE COURT: GRANTS the present petition; REVIEWS and EXTENDS the last order; DECLARES that the security and the development of the child remain compromised; ENTRUSTS the child to her paternal grandmother, Mrs. C, for a period of nine months; ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family for a period of nine months; ORDERS that the parents actively take

part in the application of measures designed to put an end to the situation which is compromising the security and the development of the child; ORDERS that the physical contacts between the child and her mother be supervised by a third party determined by the Director of Youth Protection for a period judged necessary at a frequency and according to arrangements to be agreed upon by all parties; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. LOUISE GALLANT, J.C.Q. M e Linda Turgeon Attorney for the Youth Protection

M e Chantal Gaudreau Attorney for the child M e Michel Savard Attorney for the mother Date of hearing: June 26, 2019