2018 QCCQ 15724, 2018 QCCQ 15724

Protection de la jeunesse — 186633 2018 QCCQ 15724 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005195-162 DATE: May 17, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born [...], 2014 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Applicant v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] On November 30, 2017, the Court extends protective measures applied in regards to the siblings X and Y in relation to a situation of physical and educational neglect.

Amid various other measures of aid and counsel, the children remain in the care of extended family members with supervised access to their parents. [ 2 ] Alleging that the parents continue to demonstrate personal difficulties on many levels, the Director of Youth Protection seeks the extension and revision of the measures for an additional period of 9 months as well as X transferring from his maternal great grandmother’s to his maternal great uncle, Mr.

C. [ 3 ] Both parents subscribe to the Director’s evaluation and orientation, as does the child’s attorney, acting under a legal mandate. [ 4 ] Analysis and decision [ 5 ] Since the last order, X continues to reside with his great grandparents. His two siblings reside with his (and their) maternal aunt, Ms. D. [ 6 ] Considering that the maximum delays of placement will soon expire, the parties consider an alternate life plan for X, should such eventually be necessary. In Gradually, X also starts spending time with his maternal great-uncle, Mr. C, and his family.

He appreciates this environment and currently spends mostly every day there and this, with the consent of all parties. [ 7 ] X sees his mother on a regular basis. Initially, contacts occur twice a week, usually supervised by a family member or the educator. The services of the educator ends in April 2018 and since then, X sees his mother once a week. [ 8 ] The mother is able to respond to her son’s needs autonomously and they have a good relationship.

The parties agree that supervision be partial, permitting them to have quality time together. [ 9 ] The father has a history of inconsistency as to his implication towards X and his sister Y. Between November 2017 and January 2018, the father is unreachable. Since the beginning of the year, he is available for contacts and the intervention, seeing the children once every three weeks under the supervision of the Director. [ 10 ] The father still requires support in decoding his son’s needs and establishing a secure bond with him.

X can react negatively after contacts with his father. [ 11 ] Both parents continue to present significant personal difficulties. Although they remain well-intended, they continue to make choices which hinder their stability and the consequent rehabilitation of their parental capacities.

[ 12 ] Their relationship remains nebulous, with periods of separation and reconciliation. [ 13 ] In November 2018, the mother assaults the father’s girlfriend in the presence of the children, resulting in a police intervention. Subsequently, she takes the initiative of starting a follow-up with Via l’Anse in regards to her impulsiveness and anger control. [ 14 ] The mother receives various services. She integrates a new apartment with the objective of gradually progressing her contacts to this environment and eventually lifting the supervision.

The parents renew their conjugal relationship for a short time, recently deciding to separate, stating their intentions on focusing on their children. [ 15 ] The mother continues to work towards the return of her children to her care and demonstrates some improvements over the last months in regards to her collaboration and consistency with the services in place. Notwithstanding, her questionable judgment within her relationship choices are still an impediment to her stability on many levels.

As well, she struggles to manage an organized and autonomous lifestyle. [ 16 ] Overall, there are little durable changes as to the parent’s situation. [ 17 ] For all these reasons, the Court concludes that the security and the development of the child remains in danger in reason of neglect. [ 18 ] As to the protective measures, the parties agree that X transfer to his great uncle’s home with the extension of the other measures for 9 months. [ 19 ] The objective remains his reintegration with his mother and strides are made in this regard, but durable change remains elusive.

As such, the Court refers to the following passage of the last judgment, which still reflects the situation of the child: [24] The next period is crucial for the children. Not only are the maximum delays of placement to be considered, the evidence demonstrates that they are settling in their substitute environments. It will be the time to verify to which extent the parents are able to ensure a stable environment and rehabilitate their parental abilities in view of fully assuming their roles.

It is a long way to go in a short time. [ 20 ] Rehabilitation of the parental environment is tantamount and the parents must privilege this objective in the child’s best interests.

If such is not the case, the Court will be bound to consider stabilizing the child on a long-term basis and this, in respect of this best interests as defined by the Youth Protection Act . [ 21 ] FOR ALL THESE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and the development of the child are still in danger; [ 24 ] REVISES and EXTENDS the Court order rendered on November 30, 2017; [ 25 ] ORDERS that the child be entrusted to his maternal great grandmother, Mrs.

D, until June 17, 2018; [ 26 ] PERMITS the progressive integration of the child towards his maternal great-uncle, Mr. C; [ 27 ] ORDERS that the child X be entrusted to his maternal great-uncle Mr.

C as of June 17, 2018; [ 28 ] ORDERS that the contacts between X and his parents be following mutual agreement between the parties and in the presence of a third party chosen by the Director; [ 29 ] AUTHORIZES partial or total lifting of the supervision of the contacts between the child and his mother following agreement between the mother and the Director of Youth Protection; [ 30 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or the child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 31 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 33 ] ALL THESE MEASURES for 9 months; [ 34 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry Staub Attorney for the Applicant Me Michel Robert

Attorney for the mother Me Maryse Fournier Attorney for the father Me Karine P. Poissant Attorney for the child Date of hearing: May 17, 2018