2018 QCCQ 15552, 2018 QCCQ 15552

Protection de la jeunesse — 185700 2018 QCCQ 15552 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 650-41-002204-127 DATE: May 30, 2018 ______________________________________________________________________ BY THE HONOURABLE VICKY LAPIERRE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the Director of youth protection, Applicant v.

X, Child and A, Mother and B, Father ______________________________________________________________________ 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 Court is seized with an application of review and extend pursuant to sections 95 and 75 of the Youth Protection Act. [ 2 ] In support of her application, the director of youth protection (DYP) produces a report written by [Social Worker 1], authorized member of her staff, on May 11 th 2018, under D-4. [ 3 ] In the application, it is alleged that the security or development of the child is in danger because of a serious risk of neglect due to the parents’ addiction problem and instability. [ 4 ] At the hearing, the parents were absent and based on the proof that was made by the DYP’s lawyer, the Court dispense with service considering exceptional reasons brought to its attention.

The child, through his lawyer, admits the allegations of the application and agrees to the conclusion sought. [ 5 ] X is now 6 years old. X has been entrusted almost all his life to Mrs C. Mrs C collaborates with the DYP services and does not hesitate to ask for help when it is necessary. She loves X and considers him as a full part family member. X calls hers “mom”. The bound between X and Mrs C is very strong and she is ready to take in the child and cater to his needs until his majority.

Mrs C is very concerned with the well-being and stability of the child. [ 6 ] About the schooling, last fall, the DYP worker had to intervene with Mrs C because X was not attending school on a regular basis. In facts, Mrs C explained that an employee was intimidating him in the school bus. The DYP worker met the school principal and Mrs C. Interventions were made with this employee by the school management and the problem was eventually resolved. [ 7 ] The DYP worker did not have many contacts with the parents considering their lack of collaboration. They both live in Town A.

The father works for community public works. The mother had indicated to the DYP worker on random meetings that she would like to be more invested in the child’s follow up. However, she missed two subsequent appointments without notice. [ 8 ] Even if the parents are not offering collaboration, the father has frequent contacts with X which are organised by Mrs C who makes sure that the father is sober and in a good state of mine to handle the contacts.

For a few years now, the mother’s life style has been marked by addiction and instability. [ 9 ] X has a right to a permanent basis life project, to ensure continuity of care, stable relationships and stable living conditions

corresponding to his needs. [ 10 ] The evidence, especially Mrs [Social Worker 1]’s report under D-4, leads to the conclusion that the security or development of the child is still considered to be in danger. The best interest of X’s best interest is to be entrusted to Mrs. C, who can cater to his needs and receive other assistance. WHEREFORE, THE COURT : [ 11 ] GRANTS the present application; [ 12 ] REVIEWS and EXTENDS the last order; [ 13 ] DECLARES that the security and the development of the child remain in danger; [ 14 ] ENTRUSTS the child to Mrs.

C until his majority; [ 15 ] ORDERS that the parents stay sober in presence of the child; [ 16 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family for the same period; [ 17 ] ORDERS that the parents report periodically to the Youth Protection social worker to inform her of their situation; [ 18 ] WITHDRAWS certain parts of the parents’ parental authority attribute and AUTORIZES the Director of Youth Protection or the person designed by her to consent to any health care and services, schooling and after school activities, cultural and sport activities during the present order; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. __________________________________ VICKY LAPIERRE, J.C.Q.

M e Lyne Monger, For the applicant Turgeon, Monger, Cormier avocats M e Chantal Gaudreau, For the child Centre communautaire juridique A Date of hearing: May 30, 2018