2020 QCCQ 14116, 2020 QCCQ 14116

Protection de la jeunesse — 20731 COURT OF QUÉBEC 2020 QCCQ 14116 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-029985-157 DATE : January 24, 2020 ______________________________________________________________________ IN THE PRESENCE OF : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION FOR THE CENTRE INTÉGRÉ UNIVERSITAIRE DE SANTÉ ET DE SERVICES SOCIAUX A Applicant and X born on [...], 2007 Child And B Mother ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to a fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized of an Application filed pursuant to

Section 95 of the Youth Protection Act by a person duly mandated by the Director of Youth Protection ( the Director ) to revise and extend an order rendered by the undersigned on August 27, 2019, entrusting the child to his maternal grandmother with other corrective measures until January 24, 2020. [ 2 ] The Director alleges the following: 3.1. since the court order, the child has remained in in the maternal grandmother’s care; 3.2. on September 25, 2019, the mother was assaulted by her boyfriend C; 3.3. Mr.

C has a long criminal history for violent crimes; 3.4. the incident of September 25, 2019, was the second time Mr. C was charged for assaulting the mother, the first was in December 2018; 3.5. at the time of the incident, the mother explained to the delegate that she was not in a relationship with Mr. C and that he had just showed up at her home;

3.6. more recently the delegate has discovered that the mother was in fact in a relationship; 3.7. in fact, Mr. C was taking Y to daycare regularly and Y was also calling him daddy; 3.8. Mr. C was present in the home when X, Z and A visited the mother; 3.9. concerns exist that the mother remains in a relationship with Mr. C; 3.10. despite having criminal conditions prohibiting contacts with the mother or being at her home, Mr.

C has continued to see her and be at her home; 3.11. at present the mother is minimizing the conjugal violence. [ 3 ] Based on these allegations, the Director is recommending that there be no contact between X and Mr. C. At the same time, the Director is asking that X remain entrusted to his grandmother until the age of majority. [ 4 ] The mother is absent because of her work but her lawyer is present and is mandated to accept the measures recommended by the Director. [ 5 ] X, assisted by an attorney, also agrees.

The grandmother is present and agrees to continue to care for X as long as needed. [ 6 ] The Court retains from the evidence that X has done well in his grandmother’s care and at school. Although his behaviour can sometimes be challenging, the grandmother is generally able to cope with the situation. Still, educator services were put in place to help the grandmother deal with X’s different behaviour. [ 7 ] X’s relationship with his mother has not improved.

They rarely see each other and the mother makes no particular efforts to get closer to her son, check-up on him or do activities with him. [ 8 ] X’s sees his brothers less often than before because the latter now live with their father outside the city. It is nonetheless important that their relationship be fostered. [ 9 ] The mother’s situation remains chaotic (financial problems, changing jobs, etc.) but she has been involved in therapy. In recent months, the mother has been the victim of violence by her new boyfriend, Mr. C, who has an extensive criminal record.

She allowed this man back into her home despite various incidents of violence towards her. [ 10 ] Although the mother and the grandmother continue to be at odds, the mother supports her son continuing to live with her mother. [ 11 ] Given that X has been living with his grandmother since August 2018, that the situation is stable, that the mother is not in a position to resume her son’s care and that the grandmother and X wish to continue living together, it appears to be in X’s best interest for him to remain with his grandmother until the age of majority. [ 12 ] Given this and the other elements reported earlier, the Court will declare that X’s security or development remain compromised and orders the following measures: [ 13 ] GRANTS the Application for Revision ; and [ 14 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES: [ 15 ] ORDERS that X remain entrusted to the care of his maternal grandmother, Ms. D; [ 16 ] ORDERS that the frequency and modality of contacts between X and his mother be determined by the Director of Youth Protection; [ 17 ] ORDERS the mother to ensure that Mr.

C have no contact with X; [ 18 ] ORDERS that the maternal grandmother collaborate with the Director and report promptly and completely all difficulties with the child; [ 19 ] ORDERS that the mother and the maternal grandmother ensure that X is not exposed to any verbal, physical violence or conflict; [ 20 ] RECOMMENDS that the mother engage in individual therapeutic services; [ 21 ] RECOMMENDS that X continue to attend therapy, for as long as is deemed necessary; [ 22 ] AUTHORIZES the Director to exchange information with treating professionals working with the family; [ 23 ] RECOMMENDS to the Director of Youth Protection to arrange for X to have contact with his brothers and sister once a week if possible, and taking into consideration X’s wishes in this regard; [ 24 ] TAKES NOTE that the maternal grandmother’s agrees to collaborate so that X can have regular contact with his siblings; [ 25 ] ORDERS a person working for the Centre intégré universitaire de santé et de services sociaux A to provide aid, counsel and

assistance to the child and the family; [ 26 ] THE WHOLE UNTIL HIS AGE OF MAJORITY ; [ 27 ] 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 for the purposes of the execution of this judgment; [ 28 ] ORDERS the execution of this judgement by any peace officer, if necessary; _______________________________________ CLAUDE LAMOUREUX, J.C.Q. Signed on February 4, 2020 Me Dominique Douglas Attorney for the Director Me Younes Ameur Attorney for the child Me Francis Cloutier Attorney for the Mother Hearing dates: CL/nl August 27, 2019 and January 24, 2020