2019 QCCQ 9398, 2019 QCCQ 9398

Protection de la jeunesse — 19367 2019 QCCQ 9398 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 450-41-006082-169 DATE: JANUARY 14 th , 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE MICHEL DURAND J.C.Q. ______________________________________________________________________ IN THE SITUATION OF THE CHILD [1] : X Born on [...], 2016 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of the CIUSSS A, whose office is located at [...], Petitioner and A , and B , The parents. ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (Director) presents a motion for revision of the decision rendered on December 19 th , 2017 by justice Lise Gagnon whereby she entrusted X to a foster family, namely the foster family of Mrs.

C and Mr. D excluding the possibility of returning the child to her parent’s care. [ 2 ] Supervised contacts with the parents were authorized upon agreement with the Director but in case of disagreement, the contacts were once a week for a period of two hours. New measures

[ 3 ] Now the Director wants the contacts to take place once every three weeks for a period of two hours.

Context [ 4 ] The child remained in the foster family of her paternal grandparents where she has a good development even if sometimes, she shows behavioral disturbances. [ 5 ] Counsel for the Director alleges in her motion that the parents were living together in their new apartment in Stanstead but " their relationship remained ambiguous and was marked by many separations which caused residential instability for both parents ". [ 6 ] On January 14 th , 2019, the social worker informs the Court that the parents have split-up and they don’t live together anymore. [ 7 ] Concerning the rest of their situation, counsel for the Director explains the evolution in these few allegations : "4. […]

f) the parent’s transparency and collaboration is inconstant;

g) the father affirms that the mother doesn’t take her medication for her anxiety regularly;

h) in mid-september 2018, the mother accepted to meet for the first time with a social worker from CALACS. However, she never continued this follow-up;

i) regarding CAVAC, the applicant isn’t informed by the mother if she took the necessary steps to benefit from that service;

j) the mother reactivated her follow-up with the CLSC;

k) it has been difficult for the applicant to meet with the father, as he refrained from giving the DYP his phone number or new address;

l) since the last Court order, the applicant had doubts concerning alcohol or drug consumption regarding both parents;

m) both parents see X every week for a period of two hours;

n) in general, the mother was assiduous to her visits;

o) in the last few months, the father didn’t came to his supervised visits. However, he presented himself at the grandmother’s home to see X;

p) X presents reactions after the visits : she is more fragile, can’t fall asleep, wakes up regularly during the nights, shows opposition and bites.

" [ 8 ] Considering the new facts occurred, X’s reactions after the contacts with her parents and considering that Ms Justice Lise Gagnon excluded the possibility of returning the child to her parent’s care, the Director considers that it would be in the best interest of the child to reduce the contacts to once every three weeks instead of every week. [ 9 ] Both parents were presents in Court today and after explanations from the social worker, they both agreed to this new formula of contacts with their child. [ 10 ] Counsel for the child give also her consent to the conclusions required by the Director of Youth Protection.

THEREFORE, THE COURT: GRANTS the present application; DECLARES that the security and the development of the child X are still in danger; REVISES the Court order rendered on December 19 th , 2017; ORDERS that the child X be entrusted to a foster family, namely to her paternal grand-parents, Mrs. C and Mr.

D, for a period of six months; TAKE NOTICE of the Director of Youth Protection’s will clarify a life project for the child, namely a motion for tutorship; AUTHORIZES, in the child’s favor, supervised contacts with her parents, upon agreement and according to the modalities set with the Director of Youth Protection. Failing agreement, the contacts will take place once every three weeks for a period of two hours; ORDERS that a person working for the CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child and her parents for a period of six months;

ENTRUSTS the situation of X to the Director of Youth Protection to see that the measures are carried out. __________________________________ Michel Durand J.C.Q. M e Marie-Pier Trépanier For the Director of Youth Protection M e Marco-Pierre Caza Fort the mother Kim Dingman Counsel for the child Date of hearing : January 14 th , 2019 Written and signed reasons : January 15 th , 2019 Last exhibit : D-9 [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.).