2016 QCCQ 8033, 2016 QCCQ 8033

Protection de la jeunesse — 163357 2016 QCCQ 8033 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-028890-143 Date: February 1, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2014 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of February 1, 2016, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a motion for extension of an order rendered by the undersigned, on May 14, 2015, whereby the now sixteen month-old child, X , was entrusted to his mother’s care on the condition that she reside at a setting approved by the Director of Youth Protection with aid, counsel and assistance, for a period of six months. [ 3 ] The facts alleged in support of the motion for extension dated September 8, 2015, are as follows: 3.1. the child remains with the mother at [center A]; 3.2. the child is reported to be doing well and his needs are met; 3.3. the mother began individual counselling with a therapist in June of 2015; 3.4. the father has had regular contact with the child; 3.5. in addition, the child has regular contact with the maternal grandmother and the maternal aunt; 3.6. the father is presently studying at adult education in order to get his high school diploma; 3.7. the father has not completed his anger management program; 3.8. the father completed the parental capacity assessment but has not participated in a parenting program even if he was asked to; 3.9. in addition, the father did not begin individual counselling; 3.10. the father was receiving the services of an educator from [center A] but it was terminated due to many cancelled appointments; 3.11. the parents wish to reunite and live as a family (reproduced with errors and/or omissions).

[ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to his mother on the condition that she continue to reside at a setting approved by the Director of Youth Protection, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 5 ] The mother, assisted by Me De Vette, admitted most of the alleged facts and consented to the proposed measures. [ 6 ] The father, assisted by Me Bourdeau, also admitted most of the alleged facts and consented to the proposed measures. [ 7 ] Me Robillard, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Parental Capacity Evaluation report, by Dr.

Niki Saros, dated August 5, 2015; D-2: 95 Court Report, by [Social Worker 1] and [Social Worker 2], dated August 27, 2015; D-3: En liasse,

Summary Report from April 9, 2015 to July 9, 2015, [center A] with intervention plan. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] The mother has demonstrated the seriousness of her commitment to care for her son and the worker praised her efforts and the progress that she has made. [ 11 ] As described in the [center A]

Summary Report : Ms. A is able to anticipate all of X’s needs and responds appropriately when he seeks her attention. Ms. A has not required reminders to feed her son or change his diaper. X is always clean and appropriately dressed. Ms. A plays with X and appears to enjoy and gain pleasure from parenting him.

She demonstrates excitement when X reaches new developmental milestones. [2] [ 12 ] As for X, he is described as “happy and healthy”, “meeting his developmental milestones” [3] . [ 13 ] The father visits his son daily and has expressed his intention to seek services from Head and Hands, a community based organization for young parents, to address some of the concerns identified in his Parental capacity assessment , more particularly: Mr. B is motivated to parent X in an intact family.

He is a young parent, recently transitioned to independent living, while attending school and completing outstanding community service hours. Mr. B has participated in an anger management program and has some acknowledgment of past risk factors. His frame of reference appears to be less focused on personal responsibility than his reaction to the provocation of others. It will be important to assist him to shift his focus to his own role and responsibility with an awareness of his choices and consequences. To date, Mr.

B has not had the experience of caring for X on a full-time basis and the parents have not been able to live together harmoniously. Both parents are young and have demonstrated individual problems with emotional regulation, impulsive behavior, and poor conflict resolution.

These remain risk factors and necessitate the on-going intervention of youth protection to support the family and to monitor progress. […] Additional Recommendations: • Promote parenting skills through participation in a program geared towards parents of toddlers. • Educator services • Individual counseling with a focus on life skills and coping skills • Couple counseling [4] [ 14 ] The father is strongly encouraged to follow through with his stated intentions in order to provide his son with a safe, stable, nurturing environment. [ 15 ] Both parents are also awaiting family counselling services. [ 16 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the child, X , remain compromised 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:

[ 19 ] ORDERS that the child remain entrusted to his mother’s care on the condition that she reside at a setting approved by the Director of Youth Protection; [ 20 ] ORDERS that the frequency and modality of contacts between the child and his father be determined by consent amongst all parties, including the Director of Youth Protection; [ 21 ] TAKES JUDICIAL NOTICE of the fact that overnights will be permitted as soon as the father shows consistency in attending the recommended programs; [ 22 ] RECOMMENDS that the father follow the recommendations in his Parental Capacity Assessment by Dr.

Niki Saros; [ 23 ] RECOMMENDS that the father participate in a parenting support/education group; [ 24 ] TAKES JUDICIAL NOTICE of the father’s undertaking to participate in support services offered through Head and Hands; [ 25 ] STRONGLY RECOMMENDS that he attend parenting group meetings offered weekly on Wednesdays and that he continue until the program is finished; [ 26 ] RECOMMENDS that the father participate in an anger management program; [ 27 ] RECOMMENDS that the parents participate in couple’s counselling; [ 28 ] TAKES JUDICIAL NOTICE that they are on a waiting list; [ 29 ] ORDERS that the father refrain from being under the influence of any drugs or alcohol in the presence of the child; [ 30 ] ORDERS that the parents refrain from exposing the child to any parental conflicts; [ 31 ] ORDERS that a person working for [center B] provide aid, counsel and assistance to the child and his family; [ 32 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 33 ] THE WHOLE for a period of seven months.

TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Sylvie Robillard Attorney for the child Me François De Vette Attorney for the mother Me Martine Bourdeau Attorney for the father TD/vl