2017 QCCQ 17377, 2017 QCCQ 17377

Protection de la jeunesse — 177519 2017 QCCQ 17377 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31000-169 Date: October 4, 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 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 October 4, 2017, in accordance with the requirements of

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 September 9, 2016, whereby the now ten year-old child, X , was entrusted to his paternal grandmother with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Application for extension dated July 6, 2017, are as follows: 3.1. the child has remained in the care of his paternal grandmother where he is progressing well, at home and in school; 3.2. the mother remains on a CLSC waiting list for services to address her personal issues, as such she identified not being ready to have the child returned to her care; 3.3. the mother maintains regular and frequent contacts with the child which are reportedly going well; 3.4. the mother remains committed to receiving services with a view to resume the care of the child once her personal situation has improved; 3.5. the father’s contacts with the child have been inconsistent; he reportedly continues to struggle with addiction issues (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to his paternal grandmother, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted all the alleged facts and consented to the proposed measures. [ 6 ] The father, though informed of the hearing, chose not to appear.

The paternal grandmother testified that he expressed his consent to the proposed measures. Under the circumstances, the Court proceeded in his absence.

[ 7 ] Me James, 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-3 and D-4 as evidence: D-3: 95 Court Report, signed by [social worker 1], dated June 19, 2017; D-4: Addendum, signed by [social worker 1], dated September 26, 2017. [ 9 ] In

summary, the allegations are admitted and the parties agree that the child remain entrusted to his paternal grandmother. [ 10 ] The child’s mother sees him frequently and has taken care of him full-time during the paternal grandmother’s recent hospitalization. She is still on a waiting list for psychological counselling and has been waiting for over a year. Every effort should be made to help her receive the services she needs as soon as possible. [ 11 ] As for the father, the paternal grandmother testified that he continues to struggle with addiction and that there are warrants for his arrest.

He has been staying with her for the last three weeks and appears to be ready to consider an in-patient treatment program. He is strongly encouraged to do so. In the meantime, he cannot expose the child to the risk of witnessing his arrest. [ 12 ] The child is otherwise doing very well in his grandmother’s care: Since being in her care, X’s needs have been met and he has made progress in school and in his behaviours. He no longer needs medication for behaviour issues which is a significant step in a positive direction. Ms.

C takes him to all of the appointments he requires; namely dental, medical and optometry. […] X remains on the wait list for CR[A] services. He continues to be seen in Child Psychiatry at the Jewish General Hospital by Dr. Jody Vogel. Dr. Vogel reports to be very satisfied with the care X is receiving and would not suggest that he move at this time given his stability and progress in the positive home environment with Ms.

C. [2] [ 13 ] Under the circumstances, given the evidence and the consent expressed by the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest. THEREFORE, THE COURT: [ 14 ] GRANTS the application; [ 15 ] 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: [ 16 ] ORDERS that the child remain entrusted to his paternal grandmother, Ms.

C, TAKING JUDICIAL NOTICE that she is recognized as a foster family; [ 17 ] TAKES JUDUCIAL NOTICE that steps will be taken, as soon as possible, to ensure that the child’s father is no longer residing in her home; [ 18 ] TAKES JUDICIAL NOTICE that he has reportedly stated his intention to receive in-patient services for his addiction; [ 19 ] STRONGLY RECOMMENDS that the father follow through with his stated intention to seek in-patient treatment for his addiction; [ 20 ] TAKES JUDICIAL NOTICE of the Director of Youth Protection’s undertaking to assist him in accessing such services, as soon as possible; [ 21 ] ORDERS that the frequency and modality of contacts between the child and his father be determined by the Director of Youth Protection; [ 22 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by consent between the parties, including the Director of Youth Protection; [ 23 ] TAKES JUDICIAL NOTICE that frequent and even daily contacts between the child and the mother are encouraged; [ 24 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to the paternal grandmother, Ms.

C, regarding any consents required for the child’s health care services, school services, travel and extra-curricular activities; [ 25 ] TAKES JUDICIAL NOTICE of the mother’s consent in that regard; [ 26 ] RECOMMENDS that the parents take steps to resolve their personal issues; [ 27 ] TAKES JUDICIAL NOTICE of the mother’s steps to receive therapeutic services;

[ 28 ] TAKES JUDICIAL NOTICE that she is still on a waiting list; [ 29 ] RECOMMENDS that efforts be made to ensure that she receive services as soon as possible; [ 30 ] ORDERS that the Director of Youth Protection be authorized to obtain and share relevant information with professionals working with the family regarding participation and attendance; [ 31 ] 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 his family; [ 32 ] 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; [ 33 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Heidi Lechter Attorney for the Director of Youth Protection Me Luce James Attorney for the child TD/vl