2019 QCCQ 16748, 2019 QCCQ 16748

Protection de la jeunesse — 195340 2019 QCCQ 16748 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-033499-187 DATE : May 28, 2019 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2017 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to extend the order rendered on March 22, 2018, entrusting the child X to the foster family of the paternal grandmother following a finding of endangerment as a result of negligence as well as a serious risk of negligence. [ 2 ] The Director alleges that although the parents are collaborating fully, they require more time to stabilize their personal situations before a reintegration process can begin. [ 3 ] To that end, the Director is proposing that the child remain in the care of her paternal grandmother for a period of six months along with a social follow-up for a year.

The objective is to work towards a progressive reintegration of the child within the six months placement period while continuing support and monitoring for a year. [ 4 ] The majority of the allegations are admitted by the parents who consent to the measures proposed. [ 5 ] The attorney representing the child supports the Director’s position as well but adds that a minimum number of visits with the parents should be included in the order for contact. The Situation [ 6 ] The mother has been residing at the community resource A with her younger son for the past seven months.

She is entitled to remain at this resource for a further five months. During this time, she continues to have access to social support on site, in addition to the services offered by youth protection. [ 7 ] Regarding her drug issues, the mother has remained abstinent since early 2018 and a random drug test has proved negative. [ 8 ] Although she was initially difficult to engage in the social follow-up, the birth of her second child triggered a certain mobilisation on her part. She has since been following through with expectations. Visits with the child have been positive and supervision has since been lifted.

The mother currently benefits from a minimum of one sleepover a week with the child. [ 9 ] The father remained in jail until July 2018 and then in a transition home until the following September. He currently resides at Maison A, a community resource for men in difficulty.

[ 10 ] During this period, the father completed training in woodworking and is currently looking for employment. Visits with his daughter are currently once a week and have gone well so far. [ 11 ] With respect to his drug issues, the father has completed an inpatient program at Fosters and has participated in the outpatient follow-up. He maintained his abstinence until a recent relapse. He has since been referred back to the Fosters outpatient program. [ 12 ] The child is doing well in her current environment and her development causes no concern.

That being said, there appears to be a strain in the communication between the paternal grandmother and the mother regarding contact with the child. The social worker’s intervention will likely be required to ensure that visits are properly organized. [ 13 ] The parents are still in a relationship and family reunification is the ultimate goal.

That being said, both parents acknowledge having more work to do to stabilize their situations before such an objective can be achieved. [ 14 ] The court reminds the parents that six months is a relatively short period of time to achieve the objectives outlined in the intervention plan. The parents will need to be proactive and committed.

The Court encourages them to make every effort required to ensure a reintegration of their child to their care. [ 15 ] To that end, the court agrees that contact between the parents and the child requires that a mandatory minimum frequency be established in order to favour the objective of reintegration. The minimum frequency proposed by the parties, once a week for the father and twice a week for the mother, is appropriate under the circumstances.

Notwithstanding this minimum frequency, it is expected that visits will increase so long as the parents continue to meet expectations. [ 16 ] FOR THESE REASONS, [ 17 ] THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and development of the child are still endangered for the reasons initially declared; [ 20 ] ORDERS that the child remain entrusted to the care of the foster home of her paternal grandmother, C for a period of six months ; [ 21 ] ORDERS that the frequency and modality of contact between the child and her parents be determined by agreement between the parties, including supervision if deemed necessary; [ 22 ] ORDERS a minimum of contact of once per week between the child and her father and ORDERS a minimum of contact of twice per week between the child and her mother, except with any other agreement determined by the parties; [ 23 ] ORDERS that the parents not be under the influence of any substance in the presence of the child; [ 24 ] RECOMMENDS that the mother complete her recovery management program; [ 25 ] RECOMMENDS that the parents continue to collaborate with the community services available to them; [ 26 ] TAKING JUDICIAL NOTICE of their consents to do so , ORDERS that both parents undergo random drug testing as requested by the Director; [ 27 ] ORDERS that the parents continue to take steps to stabilize their housing, employment, immigration and financial situations, and report back to the Director on the steps taken; [ 28 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 29 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of the CIUSSS A who shall then see that the measures are carried out; [ 30 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On June 10, 2019 __________________________________ KAREN OHAYON, J.C.Q. Me Sym Davis

Attorney for the D.Y.P. Me Marie-Josée Ayoub Attorney for the child Me Tiago Murias Attorney for the father Date of hearing: May 28, 2019 KO/lf