2019 QCCQ 17000, 2019 QCCQ 17000

Protection de la jeunesse — 198877 2019 QCCQ 17000 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N° : 505-41-008787-170 DATE : December 9 th , 2019 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...], 2008 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T

Article 95 of the Youth Protection Act ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] T he Director of Youth Protection (the Director) petitions the Court with an Application for Revision and Extension of a Court decision dated January 31 st , 2019. [ 2 ] Following this decision, the Court declared that the situation of the children Y and X were still in danger because of neglect of the basic physical needs and for a situation of psychological ill-treatment.

The Court ordered that the children be entrusted to a foster family chosen by the Director for a period of one year and took act that the foster family is that of the paternal grandmother, Ms. C. The Court also ordered that the contacts between the children and their mother be suspended during the time of her incarceration and that the contacts with the father be following agreement, including the degree of supervision.

The Court also withdrew the exercise of certain attributes of parental authority from the parents and authorized the paternal grandmother to sign alone the authorizations required for both children. [ 3 ] Today, the Director recommends that the children be entrusted to the paternal grandmother, Ms. C for an additional period of six months. The Director asks to suspend the contacts between the children and their mother. For the contacts with the father, the Director recommends that the contacts be following agreement between the parties, including the degree of supervision.

The Director recommends that the paternal grandmother obtain custody through the Superior Court. [ 4 ] The Court dispenses the Director of the notification of the application to the mother. She is not involved in the children’s life. She is presently living in the state A. The Director has not received any updates about the mother’s situation since the last Court order. [ 5 ] The father and the children’s lawyer agree with the conclusions. [ 6 ] The paternal grandmother is admitted to the hearing following

Section 83 of the Youth Protection Act . CONTEXT AND ANALYSIS [ 7 ] The children evolve positively. Y is a very mature young teenager. At school, she is in the International Baccalaureate program. Her grades are good. X is in a special education class. A psychiatric assessment is required for X as he has been hearing voices in his head which tell him to hurt others.

[ 8 ] The paternal grandmother is the main caregiver as well as the most significant person for the children. [ 9 ] In June 2019, the children reported that they were visiting their father regularly and enjoyed the visits. [ 10 ] On September 9 th , 2019, the children advised the Director that there has been no electricity at the house for the whole summer. The children were told not to tell the Director about that situation. [ 11 ] The paternal grandmother explains that the electricity was disconnected on May 6 th , 2019 because her son put the account under his name.

The paternal grandmother has been attempting to rectify the situation all summer. She also reported that they have been using a generator. The grandmother’s son owed over $10,000 to Hydro-Quebec. [ 12 ] On September 10 th , 2019, the children were placed in a different foster home. [ 13 ] While the children were residing at the new foster home, the paternal grandmother was picking up the children after school. They would stay with her until 8:00 pm. The situation was unstable.

The children were struggling. [ 14 ] The paternal grandmother’s home being considered a foster home was officially closed on October 31, 2019. [ 15 ] The paternal grandmother continued with renovations at her secondary residence so that she could move back into her home in Town A.

On November 4 th , 2019, the Court ordered that the children be entrusted to their paternal grandmother. [ 16 ] The father is in agreement for the paternal grandmother to raise the children. [ 17 ] The paternal grandmother is often in a survival mode and this is a coping mechanism which she has used her entire life and although this is not necessarily the right way, she finds a way to make it work for her and her family. [ 18 ] The paternal grandmother does not use drugs and does not have a drinking problem.

She is a strong proud woman with a big heart and struggles to ask for help when needed. [ 19 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the best interest of the children.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child are still in danger; [ 22 ] REVISES and EXTENDS the Court ordered rendered on January 31 st , 2019; [ 23 ] ORDERS that the child be entrusted to the paternal grandmother, Ms C; [ 24 ] ORDERS that the contacts between the child and his father be following agreement between the Director of Youth Protection, the father and the paternal grandmother concerning the terms, the frequency and the degree of supervision necessary; [ 25 ] FORBIDS any contacts between the child and their mother; [ 26 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 27 ] RECOMMENDS that the paternal grandmother, Ms C obtain custody of the child through the Superior Court; [ 28 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and AUTHORIZES the paternal grandmother, Ms C to sign alone the authorizations required for medical, school, recreational, extracurricular or travel purposes including the application for a passport and the application for native status band cards; [ 29 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the measures; [ 30 ] THE WHOLE for a period of six months. __________________________________ Lyne Morin , J.C.Q.

Me Caterine Caron Attorney for the Director Me Jean Pierre Gaudreau Attorney for the child Hearing date : December 9, 2019 Judgment signed : December 18, 2019