2018 QCCQ 16319, 2018 QCCQ 16319

Protection de la jeunesse — 187307 2018 QCCQ 16319 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000557-170 DATE: October 4, 2018 ______________________________________________________________________ BY THE HONOURABLE HERMINA POPESCU, Q.C.J. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X (born on [...], 2015) Child and A Mother and B (Deceased) Father ______________________________________________________________________ JUDGMENT ON APPLICATION FOR REVISION AND EXTENSION ______________________________________________________________________ WARNING: The Youth Protection Act (Y.P.A.) 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 ] Applicant submits that new facts arisen since last Court’s order of October 4, 2017, require its revision and extension. [ 2 ] Judge Poirier declared then that the security and development of the child were endangered because he suffered neglect and was abandoned.

She therefore ordered that the child be entrusted to a foster family until September 30, 2018. [ 3 ] At the hearing, the mother is absent. [Social worker 1], social worker working with her, testifies that the mother was at the Court in the morning but she left afterwards because she was too emotional. [ 4 ] The interest of the child, requires that the Court proceeds with this hearing in spite of the absence of the mother. [ 5 ] The parties agreed to proceeds jointly in the situation of X (3 years old) and his younger sister, Y (2 years old). [ 6 ] Since last Court’s order, the child lived in the foster family. [ 7 ] Miss [social worker 1] explains that she is helping the mother since May 2018.

Since then, improvements can be noted. [ 8 ] The mother is pregnant and will give birth at the end of January 2019. Since the beginning of her pregnancy, she is clean of drugs. She did accept to work with an addiction counsellor as well with a grievance counsellor.

These follow ups started recently, last August. [ 9 ] Miss [social worker 1] explains that the mother is still grieving the loss of the child’s father. [ 10 ] The mother has a new spouse now and she has regular contacts with the children. [ 11 ] Even if in June and July the contacts were supervised, they are unsupervised since. [ 12 ] Since August, X and Y have sleepovers to their mother’s apartment from Friday to Sunday.

They also go to her apartment on Tuesday evenings from 3:45 PM and on Wednesday from 9 to 4 PM. [ 13 ] Miss [social worker 1] explains that there is an improvement in the cleanliness of the mother’s apartment, even if the situation is not perfect and Miss [social worker 1] has to make a regular follow up with the mother. [ 14 ] Miss [social worker 1] explaines that she constantly has to remind the mother to take care of the child’s hygiene and to make

sure that her apartment is in a good state of cleanliness. [ 15 ] Miss [social worker 1] explains that the mother has a tendency to become quickly overwhelmed, and thus reject the children.

Therefore, she has to avoid situations during which the mother feels overwhelmed. [ 16 ] DYP’s intention is that the children be returned to their mother, if the situation allows it. [ 17 ] However, the mother has to understand the importance in being consistent in her follow up with the addiction and grievance counsellors and also in her work for the assessment of her parental capacities. [ 18 ] The arrival of a new baby in January 2019, risks to overwhelm the mother.

Therefore, she must understand the importance in getting professional help with regards to her psychological problems. [ 19 ] Of course the situation is not perfect. However, there is an improvement in the mother’s situation. She thus demonstrates that she put her good intentions into actions.

She offers a good collaboration with Miss [social worker 1] and their relationship seems to be one based on trust. [ 20 ] The mother has to understand that she has to take advantage of the help offered to her during the next year so that she can improve her personal situation so that the children be entrusted to her, as the maximum period of placement will shortly be reached.

THEREFORE, THE COURT : [ 21 ] DECLARES that the security and development of X are still considered to be in danger; [ 22 ] REVISES and EXTENDS the court order rendered on October 4, 2017; [ 23 ] ENTRUST the situation of the child to the director of youth protection until September 31, 2019 under the following conditions : [ 24 ] ENTRUSTS the child to a foster family designated by the director of youth protection; [ 25 ] ORDERS that the contacts between the child and his mother be determined following an agreement between the parties and that they be supervised if necessary and this contacts to be extended if the situation allows it; [ 26 ] RECOMMENDS that the mother participates in a follow-up to put an end to her personal problems; [ 27 ] RECOMMENDS that the mother continues to participates in the addiction counselling; [ 28 ] RECOMMEND that the mother continues to participate in a parental capacities assessment; [ 29 ] ORDERS that a person working for an establishment provide aid, counsels, and assistance to the child and his parents; [ 30 ] 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 present judgment. __________________________________ HERMINA POPESCU, J.C.Q.

Me Louyse Lemieux Paradis, Smith and Lemieux For the applicant Me Alexis Deschênes BUREAU D’AIDE JURIDIQUE For the child Filed on : October 15, 2018