2019 QCCQ 11691, 2019 QCCQ 11691

Protection de la jeunesse — 192440 2019 QCCQ 11691 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000605-193 DATE: April 5, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2015 Child -and- A -and- B Parents/Respondents ______________________________________________________________________ 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 ] The child and his siblings cannot rely on neither parent to take care of them at the moment. [ 2 ] Both parents struggle with addictions. The situation is reported to the director of youth protection (DYP) in the past, notably in regards with the parents’ drug issues. [ 3 ] The father is incarcerated and, according to his counsel, will remain in jail for several months. [ 4 ] In January of 2019, the mother leaves for the [Country A] and she is yet to return.

It is very difficult to get in touch with the mother. The DYP fails to locate her. The Court, following a request made by the DYP, dispenses with service of the application to the mother. [ 5 ] When she leaves the country, the mother entrusts her two daughters to her own mother and her son to his paternal grandfather. [ 6 ] About a month later, seized with an application on provisional measures, the Court entrusts the two girls to their paternal grandmother and the little boy to his paternal grandfather. The DYP now asks that the child remain there for months to come.

Both grandparents cooperate with the professionals and are able and willing to care for their grandchildren. [ 7 ] Neither parent assume their duties towards the children. [ 8 ] Prior to leaving the country, the mother did not provide the extended family with the children’s medicare cards. That situation may prevent the children from receiving health services they would require. The social worker has a very hard time trying to reach the mother, who would often change her phone number. [ 9 ] Meanwhile, the children evolve well with their grandparents.

The oldest girl is adapting to her new life and she does well in school. She shows no behavioural issues. The younger one attends daycare and is also doing well. The young boy is attached to his grandfather. He does well in daycare. He has to cope with some developmental delays, but receives professional help. [ 10 ] The mother’s decision to leave, with her unknown date of return, places the children in a situation of abandonment pursuant to

the youth protection act . Moreover, the father’s detention and both parents’ addiction issues place the children in need of protection for neglect and a serious risk of neglect. [ 11 ] The evidence convinces the Court that the application is well founded. [ 12 ] The recommended measures appear to be in the children’s best interest.

WHEREFORE, THE COURT: [ 13 ] GRANTS the application for protection; [ 14 ] DECLARES that the security and development of X are considered to be in danger according to sections 38a), 38b)1 o iii and 38b)2 o of the youth protection act ; [ 15 ] ORDERS that the child be entrusted to his grandfather, Mr. C; [ 16 ] ORDERS that the contacts between the child and his mother be determined following agreement between the parties, including their supervision as long as deemed necessary; [ 17 ] ORDERS that the contacts between the child and his maternal grandmother, Mrs.

D, be determined following agreement between the parties, including their supervision as long as deemed necessary; [ 18 ] AUTHORIZES Mr.

D to sign any requested document in regards with school, health care and services needed by the child; [ 19 ] RECOMMENDS that the DYP undertake steps to request the delivery of a medicare card for the child; [ 20 ] RECOMMENDS that the parents involve themselves for drug and alcohol counselling and follow-up if deemed necessary by the professional; [ 21 ] RECOMMENDS that the parents report at regular intervals to the DYP to inform of their current situation; [ 22 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 23 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until October 31, 2019; [ 24 ] 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. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Ariane Cayer for the child Me Alexis Deschênes for the father Mrs. A the mother (absent) Mr. B the father Date of hearing: March 28, 2019