2023 QCCQ 11157, 2023 QCCQ 11157

Protection de la jeunesse — 235784 2023 QCCQ 11157 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000765-229 DATE: October 11, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2008 Child and A 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) intervenes with this family because the child is at serious risk of neglect and presents serious behavioural problems as defined in

section 38 of the Youth Protection Act . [ 2 ] As of April 2022, the child lives with his father. [ 3 ] Since January 2023, however, he has been in the care of a rehabilitation centre, due to his deteriorating behaviour. [ 4 ] The DYP is now asking the Court to review and extend a previous judgment and order the child's return to his father with a social follow-up over the next year. [ 5 ] All parties chose to proceed by fast track under

section 95, 3 rd paragraph of the Youth Protection Act . They signed an agreement of non-attendance by the parties to an uncontested Court hearing. That document states their consent to the measures that appear on the petition. [ 6 ] Following the hearing, the Court rendered judgment orally and granted the application. Here are the reasons for this decision. [ 7 ] During the first months of his stay in the rehabilitation centre, the child has difficulty respecting rules and people in authority. He rarely questions his own behaviour and blames his father for his placement. [ 8 ] Fortunately, the situation gradually improves. The child participates in the unit's activities and takes

part in the rehabilitation process. He adopts more appropriate behaviours. [ 9 ] As a result of the placement, the child attends a new school and does so assiduously. He appreciates this new school environment. [ 10 ] From July onwards, the child's visits to his father increase in frequency and duration. The stays are satisfactory for both child and father. [ 11 ] The father also receives therapeutic services himself and collaborates with the professionals working with the family. [ 12 ] The mother, for her part, continues to struggle with mental health and addiction issues. In July, she completes eight weeks of

inpatient therapy, but is unable to maintain her sobriety thereafter. [ 13 ] The documentary evidence convinces the Court that the child's return to his father is in his best interest. The petition is well- founded and should be granted. WHEREFORE, THE COURT: [ 14 ] GRANTS the application for revision and extension of order; [ 15 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 16 ] REVISES AND EXTENDS the Court order rendered on April 18, 2023; [ 17 ] ENTRUSTS the child to his father; [ 18 ] ORDERS that contact between the mother and the child be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 19 ] RECOMMENDS that the child receive health care and social services required according to his condition; [ 20 ] ORDERS the parents to be sober in the presence of the child; [ 21 ] RECOMMENDS the parents to submit themselves to random screening for drugs; [ 22 ] RECOMMENDS that the parents seek counselling for their personal issues; [ 23 ] ORDERS that the parents report to the DYP when required on the measures applies to themselves or their child to put an end to the situation that jeopardizes the child’s security or development; [ 24 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until September 30, 2024; [ 25 ] ENTRUSTS the situation of child 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 Joanie Bujold for the applicant Me Jules Grenier for the child Ms A the mother (absent) Mr B the father (absent) Date of hearing: October 11, 2023 in New Carlisle Written jugdment filed November 6, 2023