2018 QCCQ 20667, 2018 QCCQ 20667

Protection de la jeunesse — 1811461 2018 QCCQ 20667 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-028058-147 DATE : September 11, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2013 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The mother is asking the Court to revise the previous order rendered on January 27, 2017, entrusting the child to a foster home along with various corrective measures until her majority. [ 2 ] The mother alleges that she has taken concrete steps to change her lifestyle and to improve her parenting skills, resulting in significant improvements in her overall situation.

She therefore asks that the child be progressively entrusted to her care along with a social follow up. [ 3 ] The Director of Youth Protection (the Director) acknowledges the improvements as alleged by the mother and agrees with the orientation proposed. The social worker recommends a progressive reintegration to the mother’s home over a six month period along with a social follow-up for a year. [ 4 ] Both the mother and the attorney representing the child agree with this measure. [ 5 ] The father remains absent and uninvolved in the child’s life.

The Situation [ 6 ] Since the previous judgment, the mother: - has completed the CIUSSS […] Program A and has successfully implemented its teachings; - has attended psychosocial sessions at the CLSC; - has completed […] Program B at […] Rehabilitation Centre A; - has attended school on a full-time basis and is in the process of completing collegiate studies in Administration and Accounting; - is currently employed and works from home taking orders for [Company A]; - has addressed her chronic pain with a regular medical follow up through which she obtained a medical prescription for THC Sativa that she takes in oil or vapour form;

- collaborates with social services in good faith. [ 7 ] The mother’s younger son has been integrated into her care since May 2018 without issue. Her home is maintained appropriately and she assumes her parental responsibilities adequately including the implementation of a proper routine, although some inconsistencies remain. [ 8 ] Contact with her daughter has been steady and unsupervised. Moreover, the mother has been constant in attending her daughter’s medical appointments.

It should be noted that the child has undergone chemotherapy treatment as a result of tumours located in her optic nerves, her back and her chest. Lesions on her brain have also been observed. Her situation is closely monitored and a treatment plan is in effect. Needless to say, all appointments must be respected. [ 9 ] The child’s speech development is gradually progressing but remains a serious matter that requires attention. The mother is provided with techniques to help improve her daughter’s speech. [ 10 ] According to the mother, she has had no contact with the father in over two years.

To the social worker’s knowledge, the father has no interest in playing a parental role in the child’s life nor has he taken any steps to address his own personal issues. [ 11 ] The social worker observes the following: “Ms. B is shown to be constantly putting the needs of her children first rather than her own. This can be observed when setting limits in regards to structure and boundaries when the children are in her care. In the application of taught skills to address the children’s needs, she has been consistent.

She has shown understanding as to why her children would need this consistency, especially when communicating with the foster home. She has improved her relationship with the foster home where X resides and has been able to recognize the gains the children have made in their care, due to the stability. [1] ” Analysis and Conclusion [ 12 ] The evidence demonstrates that the mother has effectively taken a number of concrete steps to improve her circumstances. Clearly, her desire to assume custody of her daughter has been a driving factor in the evolution of her personal situation.

She currently demonstrates the capacity to undertake her parental responsibilities effectively. Considering the extent of those responsibilities, she also recognizes that the Director’s support is essential in order to maintain long-term stability within the home. [ 13 ] In the Court’s opinion, the mother has successfully established that a return to her care is in the child’s best interest.

The parties agree that a progressive reintegration over six months along with a social follow-up for one year would allow sufficient time to achieve that objective. [ 14 ] FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of the child continue to be endangered; [ 17 ] ORDERS that the child remain entrusted to foster care for a maximum period of 6 months and AUTHORIZES progressive reintegration into the mother’s care during this period of time; [ 18 ] PROHIBITS contact between the child and her father; [ 19 ] WITHDRAWS from the father the exercise of certain attributes of parental authority regarding medical, educational, leisure and travel including obtaining a passport and GRANTS this exercise of certain attributes of parental authority to the mother; [ 20 ] AUTHORIZES the Director to exchange information with treating professionals involved with the child and the mother; [ 21 ] ORDERS that the child receive all necessary support and health services for her health and development; [ 22 ] ORDERS that the mother follow through on recommendations from the child’s professional; [ 23 ] ORDERS that the mother refrain from all form of physical or verbal violence in the presence of the child including the use of derogatory comments or threats of violence; [ 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 A, who shall then see that the measures are carried out; [ 26 ] THE WHOLE for a period of one year .

SIGNED IN TOWN A On September 27, 2018

__________________________________ KAREN OHAYON, J.C.Q. Isabelle Loranger Attorney for the D.Y.P. Guy-Luc Grondin Attorney for the child Ivan Lazarov Attorney for the mother Date of hearing: September 11, 2018