2023 QCCQ 10527, 2023 QCCQ 10527

Protection de la jeunesse — 235336 2023 QCCQ 10527 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-039283-213 DATE: September 18, 2023 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2013 child and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 18, 2023. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on February 2, 2023. [ 3 ] Today, the Director recommends that the child remain entrusted to the mother’s care and that support measures be ordered for a period of six months. [ 4 ] The mother wishes for the file to be closed.

Subsidiarily, she recommends that measures be put in place for a period of three months. [ 5 ] The child’s attorney agrees with the necessity for support measures. She recommends a period between three and six months. Questions in litigation [ 6 ] Is the child’s security or development still endangered? [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? [ 8 ] What should be the duration’s order? Context and analysis [ 9 ] The child remained entrusted to the mother’s care. [ 10 ] On April 24, 2023, police had to intervene in the family’s residence.

At the time, the mother and the maternal grandmother had an argument. During this argument, screams were heard, and objects were broken. [ 11 ] During the intervention, the mother and the grandmother refused to collaborate with the police.

[ 12 ] Police found Y hiding in the mother’s room. A knife was also found in the same room. The police observed that the home was in disarray. Marijuana, cigarettes, and alcohol were accessible to the children. [ 13 ] At times, the child has been late or absent from school without justification. Since March 2023, the situation improved as arrangements were made for the child to be transported by bus. The child regularly has no proper lunch for his school day.

The situation improved as the family was able to access food bank services. [ 14 ] In May 2023, the Director was informed that the child started exhibiting difficult behaviours in school. He has been referred to the “Jeunes en difficulté” program at the CLSC.

The child is still on a waiting list as the family recently moved. [ 15 ] On August 8, 2023, the Tribunal withdrew from the father the exercise of certain parental attributes pertaining to medical, educational, extracurricular activity, travel, including obtaining a passport, and granted those attributes solely to the mother. [ 16 ] On April 26, 2023, the Tribunal entrusted the child to the mother’s care, ordering that the mother ensure that the grandmother has no access to the home and that contacts between the child and the grandmother be determined by the Director, in accordance with the child’s wishes. [ 17 ] The father has not been collaborating with the Director.

He has not been reachable. [ 18 ] Two weeks ago, the family moved with the child’s great-grandmother in [Town A]. This implies a change of school for the child. [ 19 ] At this point, the Director’s intervention remains necessary. The mother is making good decisions for the child although, consistency and stability are yet to be achieved. Support and monitoring are still required to ensure that the child’s needs are prioritized. A five-month period appears sufficient to reach these goals.

THEREFORE, AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for revision; [ 21 ] DECLARES that the security or the development of the child is still endangered; [ 22 ] REVISES the order rendered on February 2, 2022; [ 23 ] ORDERS that the child remain entrusted to the care of his mother; [ 24 ] WITHDRAWS from the father that certain attributes of the parental authority regarding medical, educational, extra-curricular activity, application for a passport and travel and GRANTS these attributes to the mother; [ 25 ] ORDERS that the mother ensure that the child is not exposed to any conflicts between her and Ms.

C; [ 26 ] ORDERS that the Director of Youth Protection determine the contacts between the child and Ms.

C taking into consideration the child’s wishes and best interest; [ 27 ] TAKES JUDICIAL NOTICE that the mother agree to collaborate with the Director of Youth Protection, including meeting with the delegate when requested; [ 28 ] TAKES JUDICIAL NOTICE that, if possible, meetings should not occur in school; [ 29 ] RECOMMENDS that the mother receive services for victims of conjugal violence; [ 30 ] ORDERS that frequency and modalities of contacts between the child and his father be determined by the Director of Youth Protection; [ 31 ] ORDERS that the parents collaborate with the Director of Youth Protection working with the child as well as the delegate providing follow-up services; [ 32 ] ORDERS that both parents follow through with the measures and ensure that the child attend school/daycare on a daily basis; [ 33 ] AUTHORIZES the Director of Youth Protection to have access to the child and the family home, including completing a home safety checklist and conducting unannounced home visits when necessary; [ 34 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 35 ] THE WHOLE for a period of five months; [ 36 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on September 22, 2023 /cd Mtre Georgia Limperis Counsel for the Director of Youth Protection Mtre Maïa Sureau Counsel for the child Mtre Lilian Stah Counsel for the mother Date of hearing: September 18, 2023