2020 QCCQ 3713, 2020 QCCQ 3713

Protection de la jeunesse — 203698 2020 QCCQ 3713 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000618-196 DATE: June 5, 2020 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2013 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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. His 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. [ 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. [ 6 ] X is 6 years old and he is doing well in school, but this environment makes him anxious. However the mother helps him through that. He also benefits from a counselling to address the issue.

The child has a good relationship with his mother who is very attentive to him. The only concern is the fact that the she treats him like a baby. Moreover, she speaks or respond to him with a baby voice. The child still potty training but it is getting better. [ 7 ] Regarding the father, he has little contact with the children and he is not actively involved with visits. He does not have a fixed address so it is difficult to reach him under the circumstances. Moreover, sometimes he does not return the youth delegate calls. The mother makes effort to include the father.

She invites him over on special occasions but mostly he does not attend or when he does, he

seems unconformable being there. [ 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 revision and extension of order; [ 11 ] DECLARES that the security and development of X are still 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, in the present file; [ 13 ] ORDERS that the child be entrusted to his mother; [ 14 ] ORDERS that the contacts between the child and his father be determined following an agreement between the parties and that they be supervised, as long as deemed necessary by the DYP; [ 15 ] RECOMMENDS that the parents benefit from services to help them deal with their 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, counsel and assistance to the child and her family until June 30, 2021; [ 18 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present 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