2015 QCCQ 12760, 2015 QCCQ 12760

Protection de la jeunesse — 152597 2015 QCCQ 12760 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000457-140 DATE: July 24, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...] 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 ] On February 17, 2015, the Court declares that the security and development of the child are in danger because he suffers from neglect. Moreover, his older sister is submitted to physically ill-treatment in the same family environment.

The undersigned then orders that the child be entrusted to a foster family and protection measures be applied until the end of June of this year. [ 2 ] The situation requires an extension of the measures, as the evidence reveals. [ 3 ] The mother is not consistent in cooperating with services. She completes an addiction treatment in December 2014. Afterwards, she integrates another treatment centre in her community. Shortly after, she is injured in an accident. She leaves the centre in order to focus on her medical issues.

She takes prescribed medication and, unfortunately, she falls back into the addiction cycle. [ 4 ] The mother has scheduled visits with her son. Her attitude and behaviour during those contacts are appropriate. However, some visits are cancelled because of the mother’s non-compliance with rules. [ 5 ] The mother suffers from the absence of contacts with her daughter, as she is still submitted to a recognizance which prohibits them. She misses her daughter. [ 6 ] On one occasion, in May, the mother learns that both her children are visiting an aunt and she shows up there, unexpected.

She spends some time with her children, until the on-call worker arrives and asks her to leave. [ 7 ] For several weeks prior to the hearing, the worker does not hear from the mother, after she fails to show up to a scheduled appointment. [ 8 ] Meanwhile, the child evolves positively in his foster family, with his paternal grandfather. [ 9 ] The father keeps in touch with the worker and states he is doing well, attending meetings, working and remaining sober.

He did not see his son since December 2014. [ 10 ] The child needs a secure a stable home environment, which neither parent can provide for the time being. [ 11 ] The child’s needs are met in his foster family. His parents will have to take on the necessary steps in order to change their

situation, very soon, if they wish that he be entrusted back to one of them. The timeframe is very different for such a young child. When this judgment comes to an end, the Court will have to foresee a long term life project for the child. [ 12 ] The petition is well founded and the recommended measures are appropriate, in the best interest of the child. WHEREFORE, THE COURT: [ 13 ] GRANTS the petition for extension of order; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 15 ] ORDERS that the child be entrusted to a foster family designated by the DYP until January 31, 2016; [ 16 ] ORDERS that visits with the parents take place upon agreement between the parties and be supervised by the DYP; [ 17 ] RECOMMENDS that the child benefit from a psychological evaluation and follow-up if deemed necessary; [ 18 ] RECOMMENDS that the parents continue to seek professional counselling and addiction services; [ 19 ] RECOMMENDS that the father complete a home assessment; [ 20 ] ORDERS the parents actively participate in the application of the ordered measures; [ 21 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until January 31, 2016 ; [ 22 ] 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 judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Hugo Caissy for the child Me Alexis Deschênes for the mother Mr. B the father (absent) Date of hearing: July 7, 2015