2017 QCCQ 18042, 2017 QCCQ 18042

Protection de la jeunesse — 178521 2017 QCCQ 18042 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] Youth Division No: 525-41-031879-166 DATE : November 16, 2017 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born November 8, 2011 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to extend the order rendered on December 20, 2016, entrusting the child to his father with a social follow-up as well as other corrective measures. [ 2 ] Essentially, the Director alleges that the mother has recently reinitiated contact with her child after a prolonged absence.

Consequently, monitoring and support services continue to be required. [ 3 ] Considering the fact that the child is developing well in his father’s care, the Director is asking that he be maintained in the father’s home with a social follow up for a period of nine months.

The Director further asks to determine the frequency and modality of contacts between the child and the mother. [ 4 ] The parents admit all of the allegations in support of the motion and consent to the measures proposed. [ 5 ] The child’s lawyer is in support of the Director’s recommendation The Situation [ 6 ] Since the previous judgment, the child’s situation has steadily improved.

The hygiene problems that were initially identified have been resolved and his behaviour at daycare was observed to be positive. [ 7 ] Following an initial developmental assessment suggesting a language disorder, the child has since been referred to the A School. He has been attending since the beginning of the school year. According to the father’s testimony, the child appreciates his new school and is doing well. The social worker’s assessment confirms that the child’s overall development has progressed remarkably [1] . [ 8 ] The mother remained absent from the child’s life until this past May.

Contact was gradually reinstated and the child currently spends one night a week at her home. The visits are positive and the child appreciates the time that he spends with her. It is expected that the frequency of the visits will increase as the mother demonstrates consistency and stability. [ 9 ] Although the parents do not form a couple, they share an amicable relationship and demonstrate the capacity to co-parent harmoniously and in the child’s interest.

Shared custody is a future objective that appears realistic and the father has expressed the belief that such issues can eventually be managed between them without Superior Court proceedings.

[ 10 ] Although the mother’s situation has greatly improved, concerns remain regarding her long-term stability and parental skills.

The court recognizes the efforts made by the mother in difficult circumstances and invites her to continue cooperating with social services. [ 11 ] In the context of the evidence presented, the Court agrees that social service intervention remains necessary in order to monitor the evolution of the mother’s contacts with her son as well as to ensure that the child’s development continues to progress adequately. [ 12 ] The measures recommended by the Director are adhered to by all parties and meet the child’s needs. [ 13 ] UNDER THE CIRCUMSTANCES, [ 14 ] THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and the development of the child continue to be endangered; [ 17 ] ORDERS that the child be entrusted to the care of his father; [ 18 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by the DYP and TAKES JUDICIAL NOTICE that there is daily contact and one sleepover a week; [ 19 ] TAKES JUDICIAL NOTICE that the Director intends to increase the contacts between the child and his mother in accordance with the evolution of the situation; [ 20 ] ORDERS that the mother ensure that her home environment is sanitary and that the child’s hygiene needs are met when in her care; [ 21 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 22 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of A Youth and Family Centres, who shall then see that the measures are carried out; [ 23 ] THE WHOLE for a period of nine months.

SIGNED IN TOWN A On November 23, 2017 __________________________________ KAREN OHAYON, J.C.Q. Me Marie-Josée Paiement Attorney for the D.Y.P. Me Sylvie Piriou Attorney for the child Date of hearing: November 16, 2017 KO/lf