2021 QCCQ 4774, 2021 QCCQ 4774

Protection de la jeunesse — 212459 2021 QCCQ 4774 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000617-198 DATE: March 25, 2021 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2011 Child and A and B Parents/Respondents ______________________________________________________________________ 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 ] In September of 2020, the Court extends the application of protective measures in regard to the child, while the latter remains entrusted to her maternal grandmother. [ 2 ] The director of youth protection (DYP) now asks the Court to revise and extend that judgment. [ 3 ] The mother and the child’s counsel both admit the alleged situation and agree with the measures that the DYP recommends. [ 4 ] Following the hearing, the Court renders judgment orally and grants the application.

Here are reasons supporting that decision. [ 5 ] The child is doing very well while being entrusted to her grandmother. She expresses that she loves her grandparents, but that she misses her mother at times. [ 6 ] Shortly after the last court hearing, in September of 2020, the mother is incarcerated again, for more than two months. [ 7 ] In January of 2021, the mother enrolls herself in a six-week therapy in regard to her addictions. She successfully completes the Residential Treatment Program, offered by [Centre A], in March.

She still receives professional support in order to reach her goal, namely to continue working towards a life of sobriety. She notably meets with an Aftercare Counsellor on a regular basis. [ 8 ] The mother currently lives at her parents so she is in contact with her daughter daily. She will know in April if she obtains full parole and therefore be able to live in her own residence. [ 9 ] The father only attends visits with the child when his relationship with his girlfriend is going well.

When it is not the case, which takes place regularly, the father does not show up and the youth protection delegate cannot get in touch with him. [ 10 ] Neither parent can take care of the child on a daily basis for the moment. If the mother is able to overcome her personal issues and put her life back on track, we will be able to foresee the child returning to her care. Meanwhile, the grandparents fulfill the child’s needs and it meets her best interest to remain with them. [ 11 ] The application is therefore well founded.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] REVISES AND EXTENDS the Court order rendered on September 2, 2020; [ 15 ] ORDERS that the child remain with her maternal grandmother, Ms.

C; [ 16 ] ORDERS that contact between the child and her parents be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 17 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 18 ] RECOMMENDS that the mother pursue her counselling for her personal issues, notably her addiction follow-up and her psychological follow-up; [ 19 ] RECOMMENDS that the father pursue his counselling for his personal issues, notably his anger management follow-up; [ 20 ] ORDERS that the parents be sober in the presence of the child; [ 21 ] ORDERS that the father report in person, at regular intervals, to the DYP to inform her of the current situation; [ 22 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in their child's regard, in order to put an end to the situation in which the security or development of the child is in danger; [ 23 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until September 30, 2021; [ 24 ] 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 judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Ms. A the mother Mr. B the father (absent) Written judgment filed on April 12, 2021