2015 QCCQ 17748, 2015 QCCQ 17748

Protection de la jeunesse — 155672 2015 QCCQ 17748 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000337-102 DATE: August 5, 2015 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...], 2004 Child -and- A Mother ______________________________________________________________________ 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 February 4, 2015, in respect of the child. The DYP also requests that the conclusion be amended to include paragraph 11, 13 and 14 of the last court order into the conclusion of the present petition. [ 2 ] The mother is not present at the hearing, even though she was duly served and also reminded by the worker about the court date when she spoke with her last Thursday.

The child is absent but duly represented. Counsel for the child also expresses his consent with the amended measures proposed by the Director of the youth protection (DYP) and the filing of the report to value the testimony of the author. [ 3 ] On February 4, 2015, the child was entrusted to a foster family for a short term period. Since March 19, 2015, the child was entrusted to a new foster family, and she is adapting very well to her environment and feels good there.

Considering she is just starting living with this family before going for a long period of placement, it’s preferable to see how it goes and to see if it is the right household for the child. [ 4 ] The mother still struggles with personal problems, but she put herself in action in order to change her ways. She came back in the community and is currently living and for the past months at a friend’s house. She has also been undergoing methadone treatment for the last five months. [ 5 ] There was a supervised visit between the mother and the child, and it went well.

The child received a follow-up from a psychologist in regards of the abuse that she suffered. [ 6 ] The evidence demonstrates that the child still needs a stable and safe environment, and the mother is not able to provide that for her, at the moment, at least. [ 7 ] Under the circumstances, the petition is well founded. The suggested measures appear to be in the best interest of this young and vulnerable child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 8 ] GRANTS the petition for revision and extension of order;

[ 9 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 10 ] REVISES AND EXTENDS the Court order rendered on February 4, 2015; [ 11 ] ORDERS that the child be entrusted to a foster family designated by the DYP until February 28, 2016; [ 12 ] WITHDRAWS all legal authority concerning any consent or authorization that was delegated to B and C regarding the child’s needs, health services, education, leisure activities, and passport, and DELEGATES that authority to the DYP; [ 13 ] ORDERS that all contacts between the mother and the child take place upon agreement between the parties and that they be supervised by a third person designated by the DYP as long as she deems appropriate; [ 14 ] ORDERS that the mother benefit from a psychological follow-up as long as deemed appropriate by the professional; [ 15 ] ORDERS that the mother be sober when in the presence of her child; [ 16 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until February 28, 2016; [ 17 ] 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 petitioner Me Hugo Caissy for the child Mrs. A the mother (absent) Date of hearing: August 5, 2015 Written judgment filed on August 24, 2015