2020 QCCQ 12234, 2020 QCCQ 12234

Protection de la jeunesse — 208603 2020 QCCQ 12234 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-033857-186 DATE: September 8, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2016 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 8, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the order rendered on June 17, 2019. [ 3 ] Today, the Director recommends that the child remain entrusted to the father’s care and that diverse support measures be ordered for a period of two months. [ 4 ] The parents and the child’s attorney are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 6 ] The child is thriving in her father’s care. Since June 2019, she was attending daycare on a full-time basis. The daycare director reported some concerns regarding the child’s potential delays regarding language and fine motor skills. Due to the COVID-19 pandemic, the daycare closed for a certain period of time. She has not yet returned to the daycare as her grandmother is immune-compromised. [ 7 ] The mother was voluntarily admitted to the Hospital A.

On March 30, 2020, she informed the Youth Protection worker that she was discharged from the hospital. [ 8 ] Following her discharge from the hospital, the mother received therapeutic support from the Prevention and Early Intervention Program for Psychosis from the hospital. [ 9 ] She recognizes that she is not in a position to care for her child.

[ 10 ] The child only had one telephone contact with her mother on August 19, 2019. Following the mother’s discharge from the hospital, telephone and video contacts with the child resumed. Since June 2020, visits at the park were organized. [ 11 ] The Director requests that a short Court order be rendered in order for the child to be able to receive speed therapy sessions through Zoom.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for revision and extension; [ 13 ] DECLARES that the security or the development of the child is still endangered; [ 14 ] REVISES and EXTENDS the order rendered on June 17, 2019; [ 15 ] ORDERS that the child be entrusted to the care of her father; [ 16 ] ORDERS that the frequency and modalities of contacts between the child and her mother be determined by the agreement between all parties, including supervision if deemed necessary; [ 17 ] ORDERS that the child’s medical and developmental needs are met; [ 18 ] RECOMMENDS that the father ensure that the child attend an educational setting when possible considering COVID-19; [ 19 ] ORDERS that both parents continue to ensure that the child is not subject to or be exposed to any physical or verbal violence; [ 20 ] RECOMMENDS that the mother continue to take steps to address her personal issues (i.e. taking her medication and participating in her follow up with the [Hospital A] outpatient mental health clinic); [ 21 ] ORDERS that the child receives health services and more particularly that she participate in speech therapy Zoom sessions; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 23 ] THE WHOLE for a period of two months; [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on September 18, 2020 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Karine Doherty Counsel for the child Mtre Marc Bissonnette Counsel for the father Date of hearing: September 8, 2020