2019 QCCQ 18710, 2019 QCCQ 18710

Protection de la jeunesse — 198309 2019 QCCQ 18710 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 614-41-000106-163 DATE : October 8, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and X, born on [...], 2015 Child and A, residing and domiciled in [...] Mother and B, residing and domiciled in [...] Father _____________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act , CQLR, 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 ] The Director of Youth Protection A (the Director) asks the Court to review and extend a judgment rendered on December 17, 2018, in the situation of X, 4 years old.

The Director asks that the child remain placed at the [Center A] in City A for 6 months with reintegration with her father. [ 2 ] At the hearing, the mother is absent, but represented by Mtre Marie-Josée Ayoub. The father is present. The child is represented by Mtre Michel Grenier and Mtre Adelia Ferreira assists the applicant. [ 3 ] A revision report, various evaluations from the centre de pédopsychiatrie of CIUSSS[A], and evaluative notes from the [Center A] are filed. [ 4 ] The father admits many allegations and agrees with the recommendations. The mother admits all the allegations and also agrees.

The father and the applicant testified. [ 5 ] Evidence reveals that the child continued to make progress during his placement. He is now walking and attending Kindergarten. He needs readaptive services, and has a development issue ([Issue A]). The specialists resume: “Cependant, étant donné l’ensemble du profil, nous pensons tout de même à une hypothèse de déficience intellectuelle pour laquelle il ne nous est pas possible actuellement de préciser le niveau de sévérité. Toutefois, nous maintenons également le diagnostic de retard global de développement”.

His possible mental age is 18-24 months old. [ 6 ] The child needs specialized services, but would also need to evolve in a family. He visited his mother in the community a few times and it went quite well, particularly the last time. The father has seen the child occasionally, but never had him over at his place. The Director did not succeed to find a specialized foster family for X in the community. [ 7 ] The father underwent treatment in May 2019 and completed it. He has been sober for 10 months. He has a stable relationship.

He lives with his girlfriend and her parents. [ 8 ] The father acknowledges that he smokes weed twice a day to relax him. This information was not given to the applicant and,

even knowing it now, she maintains her recommendations. [ 9 ] The mother recently moved to City B. She attends school and lives with friends.

She does not show intentions of gaining permanent custody of the child. [ 10 ] The child’s lawyer recommends a longer placement, giving the father time to solve his issues, to establish a relationship with his son and to integrate him gradually in his home, in the community and with new services. [ 11 ] As the parents’ collaboration was minimal during the past 9 months, as the father never assumed his child alone and never had the total supervision of him, the Court considers that a very slow progressive reintegration should be done to favor the success of this plan.

CONSEQUENTLY, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of X, born on [...], 2015, are still in danger; [ 14 ] ORDERS that the child be entrusted to [Center A] in City A for a period of 8 months, with reintegration with his father; [ 15 ] ORDERS the Director to favor and supervise the visits of the child with his father as for the frequency and all the modalities; [ 16 ] ORDERS the Director to supervise the contacts between the mother and the child as for the frequency and all the modalities; [ 17 ] ORDERS that the child receive the specific health care and health services required by his situation; [ 18 ] RECOMMENDS that the father and the mother attend services with the [Center B] worker and follow his recommendations; [ 19 ] ORDERS the Director to provide aid, counsel and assistance to the child and the parents for one year; [ 20 ] AUTHORIZES the Director to obtain and share information with all service providers working with the family as for their regular attendance, the collaboration and the evolution of the situation; [ 21 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who shall then see that the measures are carried out.

Signed in City C, on November 6, 2019 __________________________________ DENYSE LEDUC, J.C.Q. Mtre Adelia Feirrera Counsel for the applicant Mtre Michel Grenier Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Date of hearing: October 8, 2019