2018 QCCQ 17357, 2018 QCCQ 17357

Protection de la jeunesse — 188406 2018 QCCQ 17357 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31844-160 Date: September 17, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2009 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother (deceased) -and- B , the father The parents JUDGMENT Sections 95 and 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 September 17, 2018, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision and extension of an order rendered by the undersigned, on June 5, 2017, whereby the now eight year-old child, X , was entrusted to the foster home of her maternal aunt and uncle with aid, counsel and assistance, until June 30, 2018. [ 3 ] The Court was also presented with a similar application regarding the child’s half-brother whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the application for revision and extension dated June 5, 2018, are as follows: 3.1. since the last court hearing, the child and her half-brother, have remained in the care of the maternal uncle and aunt, Mr.

C and Ms. D; 3.2. the child’s behavioural difficulties in the foster home have reduced significantly; 3.3. since October 2017, the child has been attending therapy; 3.4. the father is not engaging in therapeutic services, as he believes he no longer requires them; 3.5. the child has been reconnecting with her father; 3.6.

Since October 2017, the child has been having overnight visits with her father, and they appear to be going well; 3.7. the child is caught in a loyalty bind between her father, and the maternal uncle and aunt; 3.8. on-going support is required to monitor the situation, ensure that the child is not exposed to conflict, and that she continues to receive therapeutic services (reproduced with errors and/or omissions).

[ 5 ] On July 6, 2018, the Director of Youth Protection presented an Application for provisional measures seeking the child’s entrustment to her father.

However, at the hearing, an agreement was reached between the parties, with the approval of the child’s aunt and uncle, providing for a shared custody arrangement during the summer months, allowing the child to spend alternate weeks with her father and with her aunt and uncle. [ 6 ] The court ordered the measures as suggested and agreed upon by the parties, allowing the child to adjust more gradually to a possible full-time entrustment to her father’s care. [ 7 ] At the hearing on the merits on September 17, 2016, the parties were again able to reach an agreement with the active participation of the child’s aunt and uncle providing for the child’s entrustment to her father while ensuring stable, frequent contacts with her aunt and uncle. [ 8 ] The agreement reached reflects the father’s consistent efforts over many months to become more and more involved in his daughter’s life in order to fully exercise his parental responsibilities: Mr.

B is X’s biological father. Since he learned of X’s situation two years ago he has not stopped fighting to have his daughter returned to his fulltime care. The undersigned has had no concerns regarding Mr. B in terms of his collaboration and respectful conduct towards Mr. C, Ms. D and the undersigned. He has taken steps to make medical appointments for X and to find an appropriate school for her.

The undersigned has no apprehensions about his sincerity with regards to his desire to take full responsibility for his child and provide for her in the manner that he believes is in her best interest. [2] [ 9 ] The workers have been able to observe that the child is happy and secure in her father’s home: The home was cheerful, neat and appropriate on both occasions and no concerns were raised. X has her own room, adores her baby half-brother, Y (1), and has a good relationship with Mr. B’s partner, E and her son, Z (6).

X appeared very lively, positive and comfortable in the home on both occasions, as did her half brother (sic) and stepbrother. [3] [ 10 ] The father and his partner have been together for six years and there is no indication of any conjugal violence in the home, or of any other kind of difficulty that may adversely affect the child. [ 11 ] On the contrary, her positive experience spending extended periods of time with her father over the summer confirmed that she is content in her father’s care. [ 12 ] However, her strong attachment to her aunt and uncle is also undeniable.

They provided for all her needs at a very difficult time in her life. It is understandably heartbreaking for them to see X leave when she has become such an integral part of their family.

They also expressed strong reservations about her readiness to be fully integrated into her father’s home. [ 13 ] The agreement reached between the parties, with the participation of the aunt and uncle, is clearly in the child’s best interest as it provides for her primary needs to be met by her parent while ensuring that her strong bond with her aunt and uncle is recognized and preserved. [ 14 ] The parties’ efforts to reassure the child and to present her with an agreed upon plan to alleviate any fears she may have of hurting or disappointing the significant adults in her life are highly commendable. [ 15 ] Under the circumstances, given the evidence and the agreement between the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the child, X , remain in danger 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: [ 18 ] ORDERS that the child be entrusted to the care of her father as of Friday September 21, 2018 and thereafter; [ 19 ] ORDERS that contacts between the child and her maternal aunt and uncle take place as agreed upon by the Director of Youth Protection, counsel for the child, as well as the father, with the participation of the child’s maternal aunt and uncle, as follows: [ 20 ] ORDERS that contacts between the child and her maternal aunt and uncle occur every other weekend beginning with the weekend of Friday, September 28 to Sunday September 30, 2018; [ 21 ] TAKES JUDICIAL NOTICE that the father and maternal aunt and uncle will share the transportation and that the child will meet the aunt and uncle around 7:30 p.m. at the metro on Fridays and the father at 7:00 p.m. on Sundays; [ 22 ] ORDERS that contacts during the holidays take place as agreed upon to the effect that the child will be with her father on December 24 until December 26; with her aunt and uncle from December 26 at noon until December 30 at 7:00 p.m.; then with her father on December 30 until January 1; on January 2, 3 and 4 with her aunt and uncle; and then again with her father and every other weekend with her aunt and uncle; [ 23 ] TAKES JUDICIAL NOTICE that a meeting will take place this evening with the child in the presence of the social worker, her aunt and uncle, as well as her father, to explain the agreement to her, to present a common decision to reassure the child that the adults are in agreement, that she is not responsible for any disappointment and that contacts with her aunt and uncle will remain as

predictable and as consistent as possible; [ 24 ] ORDERS that the child continue to receive any therapy required to address her emotional needs for as long as necessary; [ 25 ] ORDERS that any recommendations made by her treating professionals be followed; [ 26 ] ORDERS that the family benefit from the services of an educator for as long as necessary; [ 27 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family; [ 28 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 29 ] THE WHOLE for a period of one year.

Signed on October 16, 2018 TAYA DI PIETRO, Q.C.J. Me Angela Nevard Attorney for the Director of Youth Protection Me Valérie Lafortune Attorney for the child Me Precilia Hijazi Attorney for the father Me Guy Pépin Attorney for the foster parents Hearing dates: September 12 and 17, 2018 TD/vl