2015 QCCQ 19467, 2015 QCCQ 19467

Protection de la jeunesse — 154694 2015 QCCQ 19467 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-027645-134 Date: October 28, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2013 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 28, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision and extension of an order rendered by the undersigned, on August 27, 2015, whereby the now two year-old child, X , was entrusted to the care of her paternal grandmother with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Motion for revision and extension dated July 29, 2015, are as follows: 3.1. the child thrived in the home of the paternal grandmother; 3.2. the paternal grandmother has been approved as a foster home; 3.3. the father recently moved out of the paternal grandmother’s home following a verbal altercation between them; 3.4. the father visits the child sporadically; 3.5. the father acknowledges that he is still unable to take care of the child; 3.6. the mother continues to be uninvolved with the child and her whereabouts remain unknown (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to a foster family, taking judicial notice that it is the foster family of the paternal grandmother, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts and consented to the proposed measures. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, also admitted most of the alleged facts and consented to the proposed measures.

[ 7 ] Me Harvey, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Court report, written by [Social Worker 1], dated July 20, 2015; D-2: Addendum, prepared by [Social Worker 1], dated October 21, 2015. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] However, since the date of the motion, the mother has reconnected with her daughter and has visited her every weekend, spending the day on Saturdays and Sundays with her since August 8, 2015. [ 11 ] The visits are reportedly positive for both mother and daughter: Ms. A was reportedly gentle, patient, caring and loving towards X. Ms. C also stated that Ms.

A is able tend to X’s needs and X responds positively to her mother’s nurturing. [2] [ 12 ] She acknowledges that she was not emotionally stable enough to care for her daughter in the past but explains that she has since benefitted from support and intends to find an appropriate place to stay, to “get settled” to be in a position to care for her daughter. [ 13 ] In the meantime, she agrees that her daughter remain in the paternal grandmother’s care where she appears to be thriving.

She also undertakes to participate in parenting classes to prepare to meet her daughter’s needs, although she is generally mistrustful of Youth Protection Services given her traumatic past: She recounted her history as a young child being removed from he father’s care at a young age. She blames the system for failing her father and his will to having his children back in his care thus subsequently led to his depression. Ms. A spoke greatly about her experience as an abused child in foster homes and how this has impacted her views about collaboration with [Centre A] workers.

She informed the undersigned that her father committed suicide after many years of chronic depression. Ms. A commemorated his 1 st year anniversary this year. [3] [ 14 ] As for the father, his participation remains inconsistent: Mr. B sees X on a regular basis given that he has returned to the family’s home this summer. However, Ms. C conveyed that he is only able to maintain sporadic contact with his daughter when he needs to babysit for a shot period of time. He remains unemployed and he does not contribute financially to the family. [4] […] Mr.

B, has not communicated with the undersigned since July 2015. [5] [ 15 ] He is strongly encouraged to play as positive and active a role as possible in his daughter’s life. [ 16 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the child, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 19 ] ORDERS that the child be entrusted to a foster family; [ 20 ] TAKES JUDICIAL NOTICE that the child is and will remain in the foster home of her paternal grandmother, Ms.

C; [ 21 ] ORDERS that the frequency and modality of contacts between the child and the mother be determined by the Director of Youth Protection; [ 22 ] TAKES JUDICIAL NOTICE that contacts occur weekly and are encouraged; [ 23 ] RECOMMENDS that the mother take parenting classes; [ 24 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the child and her family; [ 25 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 26 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary;

[ 27 ] THE WHOLE for a period of nine months. TAYA DI PIETRO, Q.C.J. Me Georgia Limperis Attorney for the Director of Youth Protection Me Sonia Harvey Attorney for the child TD/vl