2017 QCCQ 17675, 2017 QCCQ 17675

Protection de la jeunesse — 177949 2017 QCCQ 17675 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000494-150 DATE: October 3, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2014 Child -and- A -and- B Parents ______________________________________________________________________ JUGMENT RECTIFIED ______________________________________________________________________ JA1013 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 ] CONSIDERING the judgment rendered on August 9, 2017; [ 2 ] CONSIDERING the mistakes appearing in two conclusions; THEREFORE, THE COURT: [ 3 ] CORRECTS the order pronounced on August 9, 2017, to modify paragraphs 22 and 27 as hereby described: [22] ORDERS that the child be entrusted to his maternal aunt C until the age of majority [...], 2032 ; [27] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child and his family until [...], 2032 ; __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Réal Grenier for the child

Mrs. A the mother (absent) Mr.

B the father (absent) Date of hearing: August 9, 2017 Protection de la jeunesse — 177949 2017 QCCQ 17675 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000494-150 DATE: August 9, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2014 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 (DYP) asks the Court to revise and extend the order rendered on February 1, 2017, in respect of the child. His brother and sister are aimed by the same application. [2] On the day of the hearing, the mother showed up at the Court house.

When the social worker approached her to give a copy of the reports in order for her to read it, she decided to leave even if, she was not in agreement with the conclusions of the application. [3] The father is not present, even if he was duly notified of the proceeding. The child is also absent but duly represented.

Counsel for the child expresses his consent to the measures proposed by the DYP and the filing of the report to value the testimony of its author. [ 4 ] On February 1, 2017, an order was rendered entrusting the child to a foster family until April 30, 2017, and afterwards to the mother. [ 5 ] At the beginning, the mother begun to work on herself and attended some meetings with different professionals as recommended but it did last long before she dropped everything.

Once again today in court she gives up and leaves instead of being there for his son. [ 6 ] Since this last order, mostly the mother did not get involved with services. She did not make any changes in her life. Neither

has she sought for help concerning her addiction problem and personal issues. Basically nothing was done. Many services were put in place to support the mother and help her deal with her issues but it was hard for her to attend the

schedule appointments. [ 7 ] Also, the mother is not transparent with the services and the DYP. She keeps a lot of information for herself. [ 8 ] When the child reintegrate the maternal home on April 30, 2017, it was noticed that the child still goes often to his foster family (maternal aunt) and sometimes for a few days. [ 9 ] The mother has a hard time taking care of the basic needs of her son. Last June, she fails to bring diapers to daycare as requested. She had to ask the child’s aunts to get some for him. One day at daycare, both children were wearing the same dirty clothes and had unclean faces.

The oldest boy mention to his aunt that he was hungry and the youngest boy arrived at daycare with rip shorts. [ 10 ] Moreover, the mother did not take any step to obtain professional services. It seems that as soon her son got back with her, she stopped making efforts to change her life around. She talks a lot and makes many promises but sadly she does not respect them. [ 11 ] The father is not involved in his son’s lives and he is unstable. Since the last court order, he did not have any contact with the children. [ 12 ] The child is two years and ten months old. He has been living with his maternal aunt (

C) for the past two years and half but on intermittent basis since he went back a few times with the mother and was coming back. The aunt was always the one who took care of him when not in the mother’s care. [ 13 ] The child is doing well. He is attending daycare on a daily basis. In fact, his aunt is the director of that facility. Since he is living with her, it was noticed that the child improved. He is more stable and structured. [ 14 ] The aunt is emotional because she is pleased that the child will be in her care until his majority. He is already part of the family.

She is very happy about it such as the rest of the family. She has four children of her own and she also adopted two children from another sister. Currently, the child and his sister complete this big family. [ 15 ] The child is fully integrated in the family, where they go he goes. An extension was even built to the house to provide more space for the children in order to be more comfortable and to accommodate the whole family. [ 16 ] This young boy needs a secure and healthy environment in order to grow adequately.

Considering the instability and the inconsistency of the mother, a life project has to be established for the child. [ 17 ] He cannot wait for his mother to get better. He has the right to have a good life for himself. His maternal aunt (

C) is able to provide such place. Furthermore, she is being taking real good care of him for a long period of time. [ 18 ] The evidence demonstrates that the security and development of the child are still in danger. Under the circumstances and considering the evidence submitted, the application is well founded. The suggested measures appear to be in the best interest of the child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 19 ] GRANTS the application for revision and extension of order; [ 20 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 21 ] REVISES AND EXTENDS the order rendered on February 1, 2017; [ 22 ] ORDERS that the child be entrusted to his maternal aunt C until the age of majority [...], 2033; [ 23 ] ORDERS that the contacts between the parents and the child be determined upon agreement between the parties, including their supervision as long as deemed necessary; [ 24 ] RECOMMENDS that the mother receive psychological counselling for her personal issues; [ 25 ] RECOMMENDS that the mother involve herself in a drug and alcohol counselling and follow up if deemed necessary by the professional; [ 26 ] ORDERS that the parents participate actively in the measures ordered to put an end to the situation of endangerment; [ 27 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the child and his family until [...], 2033; [ 28 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order.

__________________________________ CELESTINA ALMEIDA, J.C.Q. Me Louyse A. Lemieux for the applicant Me Réal Grenier for the child Mrs. A the mother (absent) Mr. B the father (absent) Date of hearing: August 9, 2017 Whitten judgment file on September 13, 2017