2019 QCCQ 19889, 2019 QCCQ 19889

Protection de la jeunesse — 197957 2019 QCCQ 19889 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] « Youth Court Division » N°: 525-41-033708-181 Date: September 6, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2010 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of September 6, 2019, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision and extension of an order rendered by the undersigned, on May 22, 2018, whereby the now eleven year-old child, X , was entrusted to his paternal grandfather with aid, counsel and assistance, for a period of one year. [ 3 ] The Court was also presented with similar applications regarding the child’s siblings whose situations are addressed in separate judgments. [ 4 ] The facts alleged in support of the application for revision and extension dated May 20, 2019, are as follows: 3.1. on November 5, 2018, the mother was arrested for armed robbery and breach of conditions; 3.2. the mother was then incarcerated from that day until April 23, 2019; 3.3. on April 23, 2019, the mother was released with conditions, which include that she must reside in a half-way home for a period of four (4) months and that she cannot be in contact with C and D; 3.4. prior to her incarceration, the mother was inconsistent in her contact with the child; 3.5. since October 2018, Mr.

B has been having weekly visits with the child and his siblings, and they appear to be going well; 3.6. Mr. D is able and willing to care for the child on a long-term basis; 3.7. the father acknowledges not being able to care for the child on a full-time basis (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to the foster home of his paternal grandfather, Mr.

D, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on [...], 2028. [ 6 ] The mother, assisted by Me Thomas, admitted most of the alleged facts and consented to the proposed measures.

[ 7 ] The father, who chose to proceed without the assistance of legal counsel, consented to the proposed measures. [ 8 ] Me Ameur represented the child and also approved of the proposed measures. [ 9 ] The Director filed Exhibit D-5 as evidence: D-5: Court Report, prepared by [Social Worker 1], dated August 26, 2019. [ 10 ] The mother filed Exhibits M-1 to M-9 as evidence. [ 11 ] In

summary, the mother continued to struggle and show signs of instability until her incarceration in November 2018. [ 12 ] She failed to attend parenting classes, medical appointments, random drug tests, and meetings with social workers as well as numerous visits with her children. In fact, she did not see them between July and October 15, 2018. [ 13 ] However, during her incarceration, the mother successfully completed a number of programs to address her difficulties: Ms.

A provided a number of certificates, demonstrating her completion of programs while incarcerated, including anger management, Toxico program, Addiction relapse prevention and Alcoholics and Narcotics Anonymous. [2] [ 14 ] The certificates she provided attest to her motivation and commitment to make significant changes in her life for which she deserves a lot of credit. [ 15 ] On April 23, 2019, she was transferred to the [transition home A] and has since been present consistently at all visits with her children.

The visits are currently supervised and take place every other week for an hour and fifteen minutes. [ 16 ] She is respecting all the conditions of her probation and appears very motivated to continue her efforts. [ 17 ] She has begun parenting classes and has successfully completed her program at [Pavilion A]. [ 18 ] At the hearing, she confirmed her determination to stay sober and expressed genuine gratitude for the care and stability provided to her children while she continues with her efforts to improve her life. [ 19 ] The child appears to be thriving in his paternal grandfather’s care: X has been thriving in the care of his paternal grandfather, Mr.

D. Mr. D has implemented a clear and structured routine for the children. He has continued to attend [school A] and has been doing well at school both academically, socially and behaviorally. On two separate occasions, the undersigned spoke with Ms. E, resource teacher who said that there have been no issues to report for either brother. Mr. D registered X for the afterschool program where they help with homework because he had found it helpful last year. According to Mr.

D, X is well behaved and respects the rules at home. [3] [ 20 ] He also enjoys regular contacts with his father and half-brother: On October 16, 2018, a supervised visit was held with Mr. C and all three children at Mr. D’s home. The children seemed excited to see Mr. C (sic). He spent time with them and was able to give attention to all three children. He also demonstrated his ability to set limits with them when necessary. After several visits, supervision was deemed unnecessary. Visits have been occurring weekly since then, unsupervised.

The children continue to speak positively about these visits and look forward to them. [4] [ 21 ] The paternal grandfather confirmed his commitment to care for the child on a long term basis and both parents approve of the support and stability their son enjoys in his care. [ 22 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child’s interest.

THEREFORE, THE COURT: [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 25 ] ORDERS that the child remain entrusted to the foster home of his paternal grandfather, Mr.

D; [ 26 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by agreement between the parties; [ 27 ] ORDERS that the frequency and modality of contacts between the child and his father and half-brother be determined by agreement between the parties; [ 28 ] RECOMMENDS that the mother continue to address her personal issues; [ 29 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family;

[ 30 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 31 ] THE WHOLE until he reaches the age of majority, on [...], 2028. Signed on October 1, 2019 TAYA DI PIETRO, Q.C.J. Me Christine Waldvogel Attorney for the Director of Youth Protection Me Younes Ameur Attorney for the child Me Jean-Hervé Thomas Attorney for the mother TD/vl