2020 QCCQ 3718, 2020 QCCQ 3718

Protection de la jeunesse — 203703 2020 QCCQ 3718 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000639-192 DATE: July 8, 2020 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2006 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 26, 2020, in respect of the adolescent to remain entrusted to his father. At the hearing, all the parties are present. The only measure challenged by the parties is the supervision of the mother’s contacts. In fact, they agree with all the other conclusions recommended. [ 2 ] In the last judgment rendered, the adolescent is entrusted to his father.

Therefore, there are great improvements in its situation. He is less stressed and does better academically. In fact, he is doing fine in every sphere of his life, and the father confirms it. [ 3 ] The mother collaborates well with DYP. During the interruption of contacts, the mother had difficulty communicating with her son. It appears that the latter and his father attempted to call her, but she was not available at these particular times. At the beginning of the year, she starts follow-ups related to her difficulties. She has meetings with a counselor regularly in which she participates actively.

She responds well to treatment and takes the necessary prescribed medication. [ 4 ] The parents get along, and the father hopes one day to have a share custody with the mother of their son. Furthermore, he has no worries leaving the adolescent with the mother during the planned visits. He does believe that supervision is no longer required for the contacts. He only wishes that they both get along and develop a healthy relationship. Of course, he still fears that if the adolescent is returned to the mother, problems could arise again.

However, he noticed positive changed concerning the mother. [ 5 ] In regards of the supervised visits with the mother, basically, the youth delegate asks that they remain in place, for at least, until the end of July 2020. He explains that since the resumption of contacts, after their suspension due to the pandemic (Covid-19) , only six physical contacts took place, so this is insufficient to carry out a good assessment. However, the responsible of the supervised visits claims that the visits are going very well. The mother is always on

schedule and responds adequately to her son’s needs. In fact, she has no concerns regarding the mother abilities to take care of him during visits. [ 6 ] After reviewing the documentary evidence, the Court concludes that the supervision of mother/adolescent contacts should be lifted at the end of July. Moreover, the parents, as part of their testimony, agree that the supervision ceases at the end of this month. The compromise is acceptable in the circumstances. The adolescent now 14 years old, does not want visits with his mother to be supervised

either. He wants to see her more and without surveillance restrictions. [ 7 ] The evidence demonstrates that the security and development of the adolescent are still in danger. Considering the admissions, the consent of the parents and the adolescent with the recommendations of the DYP, the application is well founded. Furthermore, these measures appear to be in the adolescent’s best interest except regarding the supervision of the contact’s mother/son who should be over by the end of this month. WHEREFORE, THE COURT [ 8 ] GRANTS the application 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 26, 2020, in the present file; [ 11 ] ORDERS that the adolescent remain entrusted to his father; [ 12 ] ORDERS that the contacts between the mother and the adolescent be determined following an agreement between the parties, and that they be supervised by the DYP until July 31, 2020; [ 13 ] RECOMMENDS that the mother be sober in the presence of the adolescent; [ 14 ] RECOMMENDS that the mother benefit from counselling in connection to her personal difficulties; [ 15 ] RECOMMENDS that the parents do not denigrate one another nor the social services in the presence of the adolescent; [ 16 ] ORDERS that the parents report to the DYP on the measures that they apply in their regard or in their adolescent’s regard to put an end to the situation of endangerment; [ 17 ] ORDERS that the parents actively participate in the measures ordered; [ 18 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and his family until December 31, 2020; [ 19 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment; [ 20 ] ORDERS to individuals covered by this order to comply. ___________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the adolescent Me Ariane Cayer for the mother Mr. B the father Written judgment filed on July 14, 2020