2018 QCCQ 8876, 2018 QCCQ 8876

Protection de la jeunesse — 18646 2018 QCCQ 8876 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032833-170 DATE : January 16, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2009 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on January 16, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that a revision and an extension of the Court order rendered on September 18, 2017 is necessary. [ 3 ] Today, the Director recommends that the child remain in a foster family and that support measures be ordered for a period of one year.

The Director recommends that the Court authorize a progressive integration of the child to the father’s care at the end of August 2018. [ 4 ] Both parents are in agreement with the proposed plan. [ 5 ] The child’s attorney is also in agreement with the recommended measures. Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] While Ms. C remains the main caregiver for the child, the father has been actively involved in the child’s daily routine (homework, transport, etc.). The parents and Ms.

C worked together in implementing consistent and coherent house rules and structure. [ 8 ] The father is receiving support from the Jewish General Hospital and from a psychologist at his CLSC. He is taking his medication on a regular basis. [ 9 ] The father interacts with the child on a daily basis under Ms. C’s supervision, during his morning and after-school routine. [ 10 ] The mother has one supervised visits per week with the child.

[ 11 ] The mother still struggled with hoarding issues, anger and implementing proper structure for the child and his sister. The youth protection worker noticed some improvements in the cleanliness of the mother’s home. Some work remains necessary regarding the strong litter smell and in cleanliness and safety of certain rooms. [ 12 ] The mother has started taking steps to address her mental health issues in attending a therapeutic hoarding group at A. She receives the support of an educator in setting limits for the child. [ 13 ] The parents have been more transparent with the youth protection worker.

They welcome constructive comments on their parenting skills. They are also involved with their family pastor regarding counseling on co-parenting and communication. [ 14 ] The parents’ communication remains an issue. [ 15 ] X has been thriving in his aunt’s foster family since February 4, 2016. Even if we will reach the maximum duration of placement on February 4, 2018, it is in the child’s best interest to order a shorter placement at this point as a progressive reintegration to the father’s care is foreseeable.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for extension; [ 17 ] DECLARES that the security or the development of the child are still in danger; [ 18 ] EXTENDS the order rendered on September 18, 2017; [ 19 ] ORDERS that the child remain in his current foster home; [ 20 ] ORDERS that a progressive reintegration of the child to his father’s care start as of August 30, 2018; [ 21 ] ORDERS that the frequency and modalities of contacts between the child and his parents be determined by the Director of Youth Protection; [ 22 ] RECOMMENDS that the father continue to follow through with the recommendations of the mental health professionals involved and that he take his medication as prescribed; [ 23 ] ORDERS that the parents remain involved with the professionals at the child’s school; [ 24 ] ORDERS that the parents ensure their respective home environments are clean, safe and secure; [ 25 ] ORDERS that both parents continue to work with an educator for as long as deemed necessary; [ 26 ] STRONGLY RECOMMENDS that the mother continue attending her support groups at A to address her hoarding and that once she completed the required sessions that she engage in individual therapy for as long as deemed necessary; [ 27 ] ORDERS that the parents not expose the child to any physical or verbal violence; [ 28 ] ORDERS that aid, counsel and assistance be provided to the child and the family; [ 29 ] THE WHOLE for a period of one year. [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Signed on February 5, 2018 /cd Mtre Myriam DeBlois Counsel for the Director of Youth Protection Mtre Alec Fafard Counsel for the child Mtre Judith Shapiro-Knight Counsel for the father Date of hearing: January 16, 2018