2015 QCCQ 17757, 2015 QCCQ 17757

Protection de la jeunesse — 155683 2015 QCCQ 17757 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000482-155 DATE: September 30, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...], 2000 Adolescent -and- A -and- 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 ] The adolescent was born the third of his mother’s eight children. His parents split up when he is a baby and the father is not involved in his life. The director of youth protection (DYP) tried, unsuccessfully, to locate the father. Therefore, the Court authorizes that the motion not be served on him, according to

section 76 of the Youth protection act . [ 2 ] Over the years, the child is submitted to more than his share of instability. He bonds with his mother’s new spouse and spends a lot of time with that man’s mother, but then the couple breaks up. Later on when he is about 8 year-old, the mother entrusts the child to his maternal grandmother. He is very agitated and, approximately one year later, the grandmother cannot handle him anymore. He goes back living with his mother, for about six months. Afterwards, a maternal aunt and her spouse offer to take him to live with them.

He stays with them, on a voluntary basis, for several years. [ 3 ] Meanwhile, the mother is involved in a toxic relationship and a victim of domestic violence. Some of her children, who live with her, witness violence. Furthermore, both the mother and her spouse have addiction issues, for which they eventually attend treatment. For more than one year, the mother’s other children are removed from her care and entrusted to relatives.

Youth protection measures are applied, and the file is closed in 2011. [ 4 ] In 2013, the mother moves to [Province A], without her spouse but with four of her children, while X still lives with his aunt and uncle. For a while, the mother’s spouse is in and out of the home environment, and so are some of the children. [ 5 ] In April 2015, the mother moves to Town A. Her spouse and herself have lived under the same roof ever since. The nature of their current relationship, though, is not clear, since they reside together but say they are not a couple.

They would remain together in order to be present and supportive towards their children. Both the mother and her spouse drink beer on a daily basis, but apparently it would not affect their parenting. [ 6 ] On June 8, 2015, an altercation takes place between the adolescent and his uncle. The uncle blames the youth for driving a four-wheeler too fast and they end up fighting. The aunt witnesses the event, separates them and then brings the adolescent to school. The situation is reported to the DYP and the adolescent is met on the same day. He has bruises under his chin and on his cheek.

He is removed from his aunt’s care and entrusted to a foster family, under immediate protective measures, followed by an order of provisional

compulsory foster care. [ 7 ] In the course of the assessment of his situation, the adolescent discloses that physical abuse was going on for a few years. His aunt would have told him that social services were informed and did nothing, which was not true. Nevertheless, the adolescent felt there was no point in saying was he was submitted to, since nobody would do anything about it. He also states that his aunt does not hit him, but calls him names that are degrading. [ 8 ] Since June, the adolescent has lived in three different foster homes.

He was removed from the second one because the foster father was suspicious he would take drugs. He read text messages in the adolescent’s phone, referring to marijuana as well as pills. The adolescent, however, denies taking any drug. [ 9 ] The mother is informed about the events leading to her son’s placement in a foster family. From the start, in June, she states that she wishes to have him back in her care. She keeps regular contacts with her son. [ 10 ] In July, the adolescent visits his mother and siblings in Town A.

He says he has a good time there, but decides to come back after one week, despite the fact the trip is initially planned to last two weeks. He is happy to be back to a familiar territory and does not wish, for the time being, to move in with his mother. [ 11 ] The preponderant evidence leads to conclude that the security and development of the adolescent are in danger, because he was not taken care of by his parents and he was submitted to physical abuse by an adult he was entrusted to. [ 12 ] The suggested measures, upon which the adolescent agrees, appear to be in his best interest.

WHEREFORE, THE COURT: [ 13 ] DISPENSES with service on the father; [ 14 ] GRANTS the petition for protection ; [ 15 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 16 ] ORDERS that the adolescent be entrusted to a foster family designated by the DYP until June 30, 2016; [ 17 ] ORDERS that contacts between the adolescent and his mother be determined following an agreement between the parties; [ 18 ] ORDERS that contacts between the adolescent and his father be determined following agreement between the parties, including their supervision as long as deemed necessary; [ 19 ] ORDERS that the adolescent and his parents actively participate in the application of the ordered measures; [ 20 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until June 30, 2016 ; [ 21 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Hugo Caissy for the adolescent Mrs. A

the mother (absent) Mr. B the father (absent) Written judgment filed on October 7, 2015