2020 QCCQ 14412, 2020 QCCQ 14412

Protection de la jeunesse — 20743 COURT OF QUÉBEC 2020 QCCQ 14412 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-034842-187 525-41-034843-185 DATE : January 28, 2020 ______________________________________________________________________ IN THE PRESENCE OF : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant and X born on [...], 2015 Y born on [...], 2016 Children and A B Parents ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to a fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized of Applications filed pursuant to

Section 95 of the Youth Protection Act by a person duly mandated by the Director of Youth Protection ( the Director ) to review and extend an order rendered by the undersigned on February 28, 2019, entrusting the children to the care of the mother with other corrective measures for a period of eight (8) months. [ 2 ] As explained later, the children are presently entrusted to their maternal grandmother. Today, the Director is recommending that the children remain with their grandmother for a period of one year. [ 3 ] The mother is aware of today’s hearing but is absent.

She has not seen the children in several weeks and is not involved with the Director. The Court therefore proceeds in her absence. [ 4 ] The father, who lives in Mexico, is present by phone, with the help of an interpreter. The father agrees with the Director’s recommendations. [ 5 ] The maternal grandmother is also present and in agreement, as is the children’s attorney.

[ 6 ] The Court retains from the evidence that following the last court order, the mother collaborated with the Director and other services providers in order to address her needs as well as those of the children. The mother ensured the children’s presence at daycare and had X assessed for his language delays. She also began seeing a therapist in June 2019. [ 7 ] Although the mother remained isolated and had certain difficulties meeting the children’s needs, the situation remained manageable. [ 8 ] In the fall however, the mother’s collaboration began to diminish, as did her ability to maintain an organized home.

As she began to refuse that the Director have access to information (daycare, services for X, her follow-up) to ensure the situation was stable, the Director obtained a provisional order on October 28, 2019 to have access to this information. [ 9 ] It then came to bear that in early November 2019, the mother had left town leaving the children with her mother.

When this was discovered weeks later, the Director obtained a court order on December 24, 2019 officially entrusting the children to the maternal grandmother. [ 10 ] The mother’s collaboration with the Director since early November has been inexistent. [ 11 ] Today, the maternal grandmother explains that the children have been with her essentially since last July but that the mother remained involved with them until early November 2019 since which time she has not seen or spoken to them.

The grandmother is concerned for her daughter and believes she may be under negative influences, the details of which she did not elaborate on. The grandmother believes that her daughter lives in City A. [ 12 ] As mentioned earlier, the grandmother agrees to continue to care for both children for the next year. [ 13 ] The father remains in Mexico and hopes to return to Canada one day.

He has occasional contact with the mother and children and wants to be informed of how the children are doing. [ 14 ] He states today that he trusts that the children will be well taken care of by the grandmother. [ 15 ] AS A RESULT AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the Applications for Revision and Extension ; and [ 17 ] DECLARES that the security or development of the children is still in danger; [ 18 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES: [ 19 ] ORDERS that both children be entrusted to the care of the maternal grandmother, Ms. C; [ 20 ] TAKES JUDICIAL NOTICE that the maternal grandmother will be assessed to be a A foster home and in the eventuality that she is approved, ORDERS that the children be entrusted to A foster home of Ms.

C; [ 21 ] ORDERS that the frequency and modality of contact between the parents and the children be determined by the DYP, including supervision for as long as deemed necessary; [ 22 ] ENCOURAGES contact between the parents and the children; [ 23 ] RECOMMENDS that the mother take steps to address her personal issues (mental health follow-up, psychotherapy, parenting skills development, etc.) and report her progress to the Director of Youth Protection; [ 24 ] AUTHORIZES the DYP to exchange pertinent information with the maternal grandmother and service providers working with the family; [ 25 ] WITHDRAWS from the mother the exercise of certain parental attributes pertaining to health care and education and GRANTS these attributes to the maternal grandmother; [ 26 ] ORDERS that aid, counsel and assistance be provided to the children and the family; [ 27 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A for the purposes of the execution of this judgment; [ 28 ] ORDERS the execution of this judgement by any peace officer, if necessary; [ 29 ] ALL OF THESE ORDERS will apply for a period of one year.

_______________________________________ CLAUDE LAMOUREUX, J.C.Q. Signed on February 14, 2020 Me Isabelle F. Loranger Attorney for the Director Me Sylvie Piriou Attorney for the child Date of hearing: CL/nl January 28, 2020