2019 QCCQ 14935, 2019 QCCQ 14935

Protection de la jeunesse — 1911112 2019 QCCQ 14935 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-034282-186 Date: November 25, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2018 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 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 November 25, 2019, in accordance with

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 October 1, 2018, whereby the now two year-old child, X , was entrusted to foster care for a period of ten months and thereafter entrusted to her father with aid, counsel and assistance, the whole for a period of one year. [ 3 ] The facts alleged in support of the application for extension dated August 2, 2019, are as follows: 3.1. the mother remains uninvolved and has not seen the child since her birth; 3.2. the father has been addressing his personal issues; 3.3. the father maintained regular weekly contacts with the child; 3.4. contacts between the father and the child were increased including overnights and progressed to integration of the child to the father’s care; 3.5. the father benefits from the supports of his family members; 3.6. while the father and the child present as ready for an integration of the child to the father’s care, social services intervention continues to be required while they adjust to their new situation and solidify their gains (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to her father, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 5 ] The mother was absent at the hearing and her current whereabouts are unknown.

Consequently, the Court proceeded in her absence. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, admitted all the alleged facts and consented to the

proposed measures. [ 7 ] Me Gaiptman, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-4 and D-5 as evidence: D-4: Court Report, signed by C, dated July 29, 2019; D-5: Addendum I: signed by [Social Worker 1], dated November 15, 2019. [ 9 ] In

summary, the father has taken concrete steps and made sustained efforts to assume his parental responsibilities. [ 10 ] He successfully completed a number of programs to deal with his drug and alcohol addictions, including a three month in- patient rehabilitation program.

He has succeeded in maintaining his sobriety, continues to attend AA meetings on a regular basis and has tested negative on random alcohol tests. [ 11 ] He has also shown his willingness to learn about childhood development to improve his parenting skills and has effectively worked with an educator to prepare for his daughter’s entrustment to his care. In her presence, he is seen to be “focused, attentive and loving” towards her [2] . [ 12 ] In short: Mr. B has been able to demonstrate his motivation, willingness, and capacity to assume full-time responsibility of his daughter, X. Mr.

B has followed every directive from the Director of Youth Protection and has fulfilled all of the court order measures. [3] [ 13 ] As a result of his consistent efforts, contacts with his daughter were increased until she was fully integrated to his care in August 2019. [ 14 ] The father has registered her in a daycare program and is meeting all the child’s needs.

There are no reported concerns regarding her developmental milestones. [ 15 ] As for the child’s mother, she has regretfully been completely absent from the child’s life since birth. [ 16 ] The Director of Youth Protection’s continued involvement and support are admittedly required to ensure that the father’s gains are maintained and that any necessary support is provided. [ 17 ] Under the circumstances, given the evidence and the father’s consent, as well as the consent expressed on behalf of the child, the Court is satisfied that the application is well-founded and that the recommendations are in the child’s interest.

THEREFORE, THE COURT: [ 18 ] GRANTS the application; [ 19 ] 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: [ 20 ] ORDERS that the child remain entrusted to her father; [ 21 ] ORDERS that the contacts between the child and her mother be suspended until the mother meets with the delegate at least three times to demonstrate her commitment and stability; if such contacts resume, ORDERS that the frequency and modality of said contacts be determined by the Director of Youth Protection, including supervision if deemed necessary, according to the child’s best interest; [ 22 ] RECOMMENDS that the father continue to receive services to maintain his abstinence as required; [ 23 ] ORDERS that the child benefit from all health services required by her condition; [ 24 ] TAKES JUDICIAL NOTICE that she has begun to attend daycare; [ 25 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family; [ 26 ] 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; [ 27 ] THE WHOLE for a period of six months.

Signed on December 5, 2019 TAYA DI PIETRO, Q.C.J. Ms. Esther Sterling Articling student for the Director of Youth Protection Me Dahlia Gaiptman Attorney for the child TD/vl