r v. A, 2017 QCCQ 20804

Protection de la jeunesse — 1711165 2017 QCCQ 20804 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005374-171 DATE: October 3, 2017 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2017 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A Parent ______________________________________________________________________ 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 Director of Youth Protection applies for protective measures in regards to the child X, in relation to a serious risk of neglect.

As well as various other measures of aid and counsel for 9 months, the Director seeks the child’s placement with his maternal aunt. [ 2 ] The mother, as well as the child’s attorney, subscribe to the Director’s evaluation and orientation. [ 3 ] Analysis and decision [ 4 ] At the child’s birth, the Director of Youth Protection retains a report in regards to a situation of a serious risk of neglect and this, in view of the mother’s history influencing her parental capacities. [ 5 ] Protective measures remain in place in regards to the mother’s other two children, Y and Z, in reason of physical and educational neglect.

These children reside with extended family members, with Z residing with the maternal aunt, Ms. B. The mother’s access rights to her children are determined following mutual agreement and under the supervision of a third party designated by the Director of Youth Protection. [ 6 ] Two days after X’s birth, the mother signs a provisional agreement entrusting him to her sister.

She indicates consenting that her sister proceed to the adoption of her son and renounces to any contacts. [ 7 ] The maternal aunt thereinafter assumes the care and custody of X. [ 8 ] At the time, the maternal aunt resides in [Province A], but she soon moves to Quebec after separating from her spouse. She maintains the custody of her child as well as the care of her sister’s children, Z and X. A certain period of instability ensues, but overall, she is able to maintain and eventually restore appropriate structure and routine for the children. [ 9 ] The mother and her sister now reside in close proximity.

The mother doesn’t benefit from organized contacts with her son as she continues to renounce to assuming a maternal role. Notwithstanding, she sees him regularly during her visits with her daughter. [ 10 ] The mother’s personal situation remains precarious and she continues to struggle with her parental responsibilities and this, despite receiving services. With the Director, she is collaborative and intent on making the important changes necessary to promote the return of her children Y and Z, to her care.

[ 11 ] More notably, the mother is currently awaiting a follow-up through the CLSC to help her cope with her various challenges and the current situation regarding X. [ 12 ] The mother testifies at the hearing. As to the family dynamic in place, she confirms focusing her energies on the return of her other two children, concurrently considering that X should remain with her sister.

As of now, no adoption proceedings are undertaken. [ 13 ] After evaluating the evidence, the Court determines that the mother’s history and her continued difficulties, in conjunction with the child’s extreme vulnerability, are sufficient to establish a serious risk of neglect.

The Court endorses the protective measures sought by the Director as they are in the child’s best interests and further receive the consent of the mother and the child’s attorney. [ 14 ] FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the application for protection; [ 16 ] DECLARES that the security and the development of the child are in danger in reason of serious risk of neglect; [ 17 ] ORDERS that the child be entrusted to his maternal aunt, Mrs.

B; [ 18 ] ORDERS that the contacts between the child and his mother be following agreement between the parties and in the presence of a third party designated by the Director of Youth Protection; [ 19 ] TAKES ACT that the mother does not intend to exercise any access to her son, but that the child is present when she visits the maternal aunt; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 21 ] TAKES ACT of the elaboration of a life-time project for the child; [ 22 ] ALL THESE MEASURES for 9 months; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Anne Catherine Bujold Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Karine P. Poissant Attorney for the child Date of hearing: October 3, 2017