2015 QCCQ 17751, 2015 QCCQ 17751

Protection de la jeunesse — 155675 2015 QCCQ 17751 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division File number : 145-41-000445-145 DATE: November 13, 2015 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION , Petitioner -and- X , born on [...], 2007 Child -and- A , -and- B , Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] A petition for revision and extension of an order in respect of X, born on [...], 2007, is referred to the Court by the Director of Youth Protection pursuant to

section 95 of the youth protection Act. [ 2 ] In substance, the petitioner asks that X be entrusted to her mother. [ 3 ] At the hearing, the mother, Mrs A, and the father, Mr B, are absent, but the motion was served to them. A lawyer represents the child. [ 4 ] He consents of exhibit D-1, the psychosocial report prepared by Mrs [Social Worker 1], submitted for her testimony. Also, he agrees with the motion. THE EVIDENCE [ 5 ] X has 7 years old. She has no particular problem with her development. Her mother, Mrs A, is fighting against and addiction problem.

The father, Mr B, is incarcerated in a federal correctional facility for 4 years. [ 6 ] Mrs [Social Worker 1], in her psychosocial report, wrote that the mother has made significant progress since the last hearing. She participated and completed the “Traditional Parenting Program through Families First”, during 16 weeks. [ 7 ] Mrs A feels her addiction is under control.

The author of the psychosocial report says: “ Mrs A expressed that she is doing very well and that she has her daughter most of the time and just wants to have her daughter living back with her on a full time basis [1] . ” [ 8 ] Mrs A seems ready to stay sober. It’s good for her young children. She gave birth at a second child on September 4, 2014. [ 9 ] Also, the mother demonstrates “ a natural nurturing bond with her child. She is very attentive to her daughter’s needs and has strong communications with her [2] ”. [ 10 ] In these circumstances, it is in the interest of X to go back with her mother.

However, Mrs A has to continue to collaborate with the Director of Youth Protection, and she has to stay sober, if she wants to keep her daughter at home. [ 11 ] Considering the whole evidence, the Court grants the motion, according to its conclusions.

WHEREFORE, THE COURT: [ 12 ] GRANTS the petition for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] REVISES and EXTENDS the court order rendered on October 1 st , 2014, in the present file; [ 15 ] ORDERS that the child X be entrusted to her mother, Mrs A; [ 16 ] ORDERS that the parents actively participate in psychological counseling and addiction services to help deal with their personal issues; [ 17 ] ORDERS that the mother receives from an external educator; [ 18 ] ORDERS that the child X benefits from all social and health services that she may need, including a psychological assessment and follow-up if deemed necessary by the psychologist; [ 19 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child X and her family until June 30, 2016; [ 20 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ DENIS PARADIS, J.C.Q.

Me Louyse A.Lemieux for the petitioner Me Hugo Caissy for the child Date of hearing: October 28, 2015