2018 QCCQ 13491, 2018 QCCQ 13491

Protection de la jeunesse — 184128 2018 QCCQ 13491 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] « Youth Court Division » N°: 525-41-027060-136 Date: April 12, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2012 [Social Worker 1] , duly authorized by the Director of Youth Protection the Centre intégré universitaire de santé et de services sociaux 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 April 12, 2018, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on April 6, 2017, whereby the now five year-old child, X , was entrusted to her father, on the condition that he reside with the child’s paternal grandmother, with aid, counsel and assistance, for a period of nine months. [ 3 ] The Court was also presented with a similar application regarding the child’s sibling whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the Application for extension dated January 4, 2018, are as follows: 3.1. the child remained in the father’s care while living with the paternal grandmother, Ms.

C; 3.2. the mother continued receiving services from A, B and the CLSC; 3.3. the child has been having an overnight visit at the mother’s home each week; 3.4. these visits are positive; 3.5. the mother’s capacity to problem solve issues with the child was observed to be limited; 3.6. the mother did not collaborate with the youth protection worker for a brief period; 3.7. the parents’ communication remained negative; 3.8. X has presented with a mild intellectual disability and would need a follow up evaluation in a year; 3.9. the family requires ongoing support and monitoring;

3.10. the parents agree to extend the involvement of the Director of Youth Protection (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to the care of her father, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 6 ] The mother, assisted by Me Morin, 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, admitted all the allegations and also consented to the proposed measures. [ 8 ] Me Benoit, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibit D-7 as evidence: D-7: Court Report, prepared by [social worker 1], dated December 7, 2017. [ 10 ] In

summary, the need for ongoing social services is admitted and the parties agree regarding the measures. [ 11 ] It has been determined that the child parents with a mild intellectual disability and that further assessments will be needed to provide appropriate services. [ 12 ] Tension between the parents remains palpable and continued efforts are needed to help them improve their communication skills to meet their children’s needs. [ 13 ] 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: [ 14 ] GRANTS the application; [ 15 ] 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: [ 16 ] ORDERS that the child remain entrusted to her father TAKING JUDICIAL NOTICE that he and the child reside with the paternal grandmother, Ms.

C; [ 17 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by consent between the parties and, in the absence of an agreement between the parties, that they be determined by the Director of Youth Protection and that they occur minimally one evening per week; [ 18 ] RECOMMENDS that the mother continue to take steps to address her personal issues and continue accessing services in the community, including those from the CLSC, A and B, for as long as necessary; [ 19 ] ORDERS that the child receive all medical and psychological services required by her situation as recommended by her treating professionals, more particularly relating to her mild intellectual disability; [ 20 ] ORDERS that the parents continue to allow regular access to the child and to the home environment on a regular basis; [ 21 ] RECOMMENDS that the parents take steps to address their parental commu-nication, including accessing mediation or counselling services in the community; [ 22 ] RECOMMENDS that the Director of Youth Protection ensure that the same social worker remain involved with the family going forward; [ 23 ] ORDERS that the services of an educator be provided, for as long as deemed necessary; [ 24 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 25 ] 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; [ 26 ] THE WHOLE for a period of nine months.

Signed on April 19, 2018

TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Christian Benoit Attorney for the child Me Marc Morin Attorney for the mother TD/vl