2020 QCCQ 3716, 2020 QCCQ 3716

Protection de la jeunesse — 203701 2020 QCCQ 3716 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000621-190 DATE: June 5, 2020 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2009 Child -and- A -and- 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 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on October 10, 2019, in order to entrust the child with the mother. Her siblings are aimed by the same proceedings. A joint hearing is held with the agreement of the parties. [ 2 ] At the hearing, only the mother is present.

The father is absent and not represented, even if he was duly notified of the proceedings. [ 3 ] Since the last measure, the mother’s situation has greatly improved and for the better. As mentioned by the social worker, she has come a long way since her involvement with the Social services. She collaborates with the DYP and she is now able to accept her responsibility as a parent regarding the situation prevailing. [ 4 ] She participates actively in all her scheduled appointment with the professional services in place notably parenting skills, counselling and anger management.

During the past months, she worked to provide to her children, a healthy home environment. She wants to ensure that their safety, security and development are met. She is willing to do whatever it takes to get back her children and puts her energy into it. She does not hesitate to ask for help, if required, through the DYP. [ 5 ] Concerning her visitation with the children, it went well. She is consistent and prepared. The children are eager to return to their mother. Everybody is pleased with this happy ending.

The mother and her daughter have a good relationship. [ 6 ] X is 11 years old and is doing very good in school as well as in every sphere of her life. She receives counselling and things are going smoothly. On [...], 2019, a court order was render from the Family Court of [Province A] granting shared custody between the mother and the paternal grand-mother. The latter is forthcoming with all the parties and collaborates with the DYP. [ 7 ] Regarding the father, he has no interaction with the DYP and limited contact with his daughter. He has a drug addiction problem and had several relapses in the past.

The child sees him but only when sober. The paternal grandmother assure to supervise his son’s visit to his daughter considering his personal issues and to respect the court orders.

[ 8 ] The mother is stable and her improvements are noticeable from everyone involved in this family’s situation. What more can be said than congratulations on having achieved its goal. However, it is necessary that this success lasts over time. The return of the children will not be a small task but feasible with support as well as the continuation of the follow-up undertaken by the mother. This is essential in order to consolidate the achievements already acquired.

The Court is confident that the mother will take the necessary steps to ensure that the situation does not recur. [ 9 ] Overall, the evidence demonstrates that the security and development of the child are still in danger. Considering this, as well as the consent of the parties to the measures suggested by the DYP which appears to be in the best interest of the child, the demand is granted.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 10 ] GRANTS the application for application for revision and extension of order; [ 11 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the Youth protection act ; [ 12 ] REVISES AND EXTENDS the court order rendered on October 10, 2019; [ 13 ] ORDERS that the child be entrusted jointly to her mother and to her paternal grandmother, C, following the [...], 2019, Court A of [Province A] judgment which orders a shared custody of the child; [ 14 ] ORDERS that the contacts between the child and her father be determined fallowing an agreement between the parties and that they be supervised, as long as deemed necessary by the DYP; [ 15 ] RECOMMENDS that the mother benefits from services to help her deal with her personal issues; [ 16 ] RECOMMENDS that the mother continues to actively participate in the professional services provided to her and her child, concerning her educational methods and parental abilities; [ 17 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and her family until June 30, 2021; [ 18 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Me Alexis Deschênes for the mother Mr. B (absent) the father Written judgment filed on June 9, 2020