2018 QCCQ 19949, 2018 QCCQ 19949

Protection de la jeunesse — 1811217 2018 QCCQ 19949 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005136-166 760-41-005134-161 760-41-005135-168 DATE: October 22, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, [...], 2015 Y, [...], 2009 Z, [...], 2007 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A 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 ] Context [ 2 ] On January 25, 2018, the Court extends for six months various protective measures in place regarding the siblings Z, Y and X, in relation to neglect in their family environment.

This includes pursuing their placement in alternate environments (Z with her maternal grandmother / Y and X in foster care) with visitation to their parents on an amicable basis. [ 3 ] Alleging that the situation of endangerment is still active, the Director of Youth Protection seeks another extension, initially for a further nine months as concerns Y and Z, and until majority for X. At the hearing, the parties agree to the extension of the measures for six months for all three children. [ 4 ] The parents adhere to the amended conclusions sought by the Director, as do Z and Y.

X’s attorney, acting under a legal mandate, also declares being in agreement with this orientation. [ 5 ] Analysis and decision [ 6 ] The family has received numerous services in previous years in regards to elements of neglect in the family environment, with the Director of Youth Protection maintaining their involvement as of 2015. [ 7 ] The children have been in placement since March 31, 2017. As such, the maximum delays of placement provided by the Youth Protection Act are attained as of March 2018 in regards to X.

This will also be the case for his siblings as of March 2019. [ 8 ] The children continue to evolve well in their respective environments even though all show various levels of developmental delays. Behavioural issues persist following their weekend visitation, scheduled on an alternate basis with each of their parents. This situation is particularly intense as concerns Y and X. [1] The mother is assiduous as to her involvement with the children. [2] The mother’s personal situation stabilizes. She continues to live with her uncle. As to her mental health issues, she maintains

her follow-up and takes her medication as prescribed. She admits to receiving support from her cousin C as to her medication and organization. [3] The mother remains cooperative as to the services put in place. Over the past months, she makes efforts to assume her children’s needs autonomously, planning activities in advance and trying to implement the routine in place at the foster homes.

She also ensures their medical and school follow-ups. [4] Although improvements are observed, the mother’s entourage remains very much involved with the children and this, despite the specific objective that she assume her parental obligations autonomously. To this effect, the children repeatedly name that their Aunt D intervenes as much as their mother and is consistently present during visitation periods. [5] As for the father, he remains inconsistent as to his contacts. [6] Since February 2018, he works for an inter-province moving company and his

schedule can make him less available for visitation and appointments. From June to August 2018, there are no contacts with his children, despite the father’s promises. [7] During the visitation periods, the father continues to show difficulties maintaining a stable routine for the children on many levels (homework, hygiene, sleeping schedule) and to being fully available for them.

Although he cooperates to a certain extent with the caseworker, he often fails to understand the reasons for the various measures put in place (intervention plan). [8] Following weekend visits, the children are still showing impact of the lack of routine and education support in their parental environments as they can take a couple of days to return to their usual routine. The children are especially reactive when their father fails to be present for visits or phone calls. [ 9 ] Telephone contacts are reduced with the boys to once a week in order to stem the children’s negative reactions.

As for Z, the phone calls are scheduled on Tuesdays and Thursdays with her father and every evening with her mother. [ 10 ] At the hearing, the parties offer a joint position as to the rehabilitation of the situation of endangerment.

Considering the evidence and the prescriptions of the law in regards to the delays of placement, the Court endorses the objectives in place. [ 11 ] Clearly, both parents continue to show significant personal issues which impede their parental capacities. [ 12 ] Although the mother has certainly made strides to attain her stability, she still is unable to show her ability to assume her children’s needs independently, choosing to refer to other family members to support her in her role. [ 13 ] The caseworker testifies as to the expectations in regards to the mother in the next months.

Firstly, the mother will follow through on her declared intention to move out of her uncle’s home, which will provide her an opportunity to demonstrate her ability to entirely take care of her children on a consistent basis. [ 14 ] As for the father, he needs to continue to work towards attaining, and then maintaining, a significant presence in his children’s lives.

His personal situation and choices are at present, not conducive to attaining this objective, justifying the pursuit of measures of aid and counsel. [ 15 ] The contacts will also serve to work towards transferring the children’s routine and structure in their respective parental environments, namely sleep routine, homework, hygiene, etc. [ 16 ] In view of the evidence and admissions, the Court endorses the conclusions sought by the parties as reflecting the children’s best interests as well as the objectives of the law. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the applications for extension of a Court decision; [ 19 ] DECLARES that the security and the development of the children are still in danger; [ 20 ] EXTENDS the Court order rendered on January 25, 2018; [ 21 ] ORDERS that the children be entrusted to a foster family chosen by Director of Youth Protection A; [ 22 ] TAKES ACT that the child Z remains entrusted to a foster family of proximity, namely that of her maternal grandmother, Mrs.

E; [ 23 ] ORDERS that the contacts between the children and their parents be determined following agreement between the parties; [ 24 ] ORDERS that the phone calls between the children and their father occur once a week; [ 25 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard on their children’s regard to put an end at the situation in which the security or development of the children is in danger; [ 26 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 28 ] ALL THESE MEASURES for 6 months;

[ 29 ] ENTRUSTS the children’s situations to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Anne-Catherine Bujold Attorney for the Applicant Me Johanne Leduc Attorney for the mother Me Michel Robert Attorney for the father Me Karine P. Poissant Attorney for the children Y and Z Me Annie Girard Attorney for the child X Date of hearing: October 22, 2018