2017 QCCQ 6869, 2017 QCCQ 6869

Protection de la jeunesse — 173082 2017 QCCQ 6869 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-027670-132 Date: February 13, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2007 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father ( deceased) 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 February 13, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision of an order rendered by the undersigned, on February 4, 2016, whereby the now ten year-old child, X , was entrusted to the foster family of his maternal grandmother with aid, counsel and assistance, until the age of majority. [ 3 ] The Court was also presented with a similar motion regarding the child’s siblings whose situations are addressed in separate judgments. [ 4 ] The facts alleged in support of the Motion for revision dated December 21, 2016, are as follows: 3.1. the child and siblings have remained in the care of the maternal grandmother, Mrs.

C; 3.2. the child and siblings are doing very well in the care of Mrs. C, where their emotional, developmental and physical needs are met; 3.3. Mrs. C receives the services of an educator to help her with the routine, structure and organization in the home, to help her address Y and X’s behaviour and facilitate the communication with their respective school; 3.4. Y and X continue to have some behaviour problems at school; 3.5. Y is doing well academically with the help of his teachers who help him be more organized and focused; 3.6.

X continues to attend a school specialized for students with behavioural problems and he continues to struggle academically; 3.7. Mrs. C ensures that Y and X are involved in extra curricular activities at the YMCA and they attended Camp Weredale during the summer; 3.8. as for Z, she learns very quickly and is meeting all her development milestones; 3.9. on May 21, 2016, the father was released from jail, but he had to be brought at the Hospital as he collapsed on the first day of his

release; 3.10. the child and siblings had two (2) visits with the father at the Hospital; 3.11. the father passed away from lung cancer on July 23, 2016; 3.12. Y and X have undergone counselling to address their issues and their father’s death and they plan to continue; 3.13. the mother moved closer to Mrs. C’s home in September 2016; 3.14. the mother visits the child and siblings once or twice per month and contacts them several times per week; 3.15. Y and X expressed having positive visits with the mother, which are supervised by Mrs.

C; 3.16. the mother continues to struggle with her mental health and to be unable to care for the children; 3.17. the mother is following up with her mental health treatment; 3.18. the mother gave authorization for Mrs. C to travel with the child and siblings in Ste-Lucia from December 6, to January 12, 2017; 3.19. given the mother’s longstanding mental health issues and the father having passed away, the exercise of certain attributes of parental authority must be granted to Mrs. C; 3.20. the mother agrees for Mrs.

C to sign all consents pertaining to the child and siblings, as they reside with her (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child remain entrusted to the foster family of his maternal grandmother, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on [...], 2025. [ 6 ] The mother, assisted by Me Plourde, admitted all the allegations, except paragraph 3.16 which was denied, and consented to the proposed measures. [ 7 ] The father is deceased. [ 8 ] Me Denault, 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-9 as evidence: D-9: Court Report, signed by [Social Worker 1], dated August 25, 2016. [ 10 ] In

summary, the Motion for revision is not contested. The child’s father passed away and the mother agrees that the child’s grandmother be authorized to sign all consents required for her child. [ 11 ] In addition, the mother explained that her condition is stable and that she would like to spend more time with her son.

More specifically, she asks that her visits be extended and unsupervised so that she may spend time alone with each of her sons on alternating weekends. [ 12 ] She added that her son expresses an increased need to be reassured of her presence, having just lost his father. [ 13 ] Both the grandmother and the worker support the mother’s wish to have extended contacts with the child, as long as her health allows. [ 14 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] 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: [ 17 ] ORDERS that the child remain entrusted to the foster family of his maternal grandmother, Ms. C; [ 18 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by consent between the mother, the Director of Youth Protection and the maternal grandmother, Ms.

C, taking into account the child’s wishes and upon consultation with the mother’s treating professionals; [ 19 ] TAKES JUDICIAL NOTICE that the mother wishes to have a few hours of unsupervised contact with the child and his brother on alternate weeks and that such contacts may be permitted so long as there is no contraindication from the mother’s treating professionals;

[ 20 ] WITHDRAWS certain attributes of parental authority from the mother and AUTHORIZES the maternal grandmother, Ms.

C, to exercise those attributes for the purpose of signing any necessary consents for the child; [ 21 ] ORDERS all non incompatible measures rendered on February 4, 2016; [ 22 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the child and his family; [ 23 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 24 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 25 ] THE WHOLE until he reaches the age of majority, on [...], 2025. TAYA DI PIETRO, Q.C.J.

Me Nadia Sabik Attorney for the Director of Youth Protection Me Louise Denault Attorney for the child Me Guylaine Plourde Attorney for the mother TD/vl