2016 QCCQ 6593, 2016 QCCQ 6593

Protection de la jeunesse — 162763 2016 QCCQ 6593 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001972-162 DATE: May 5 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2015 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, presently homeless in Town B, Quebec, district A Mother and B , residing and domiciled in Town A , Quebec, district B Father ______________________________________________________________________ JUDGMENT (

Section 38 Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ 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 submits that the security and development of the child, X are in danger. [ 2 ] The Court proceeded in the presence of the child’s brothers, Y, Z and their mother on May 5 th 2016. [ 3 ] The father was informed of the proceedings. He decided not to come to Court.

The Court proceeded in his absence. [ 4 ] The mother admits most of the alleged facts and agrees that all the measures proposed by the Director be ordered. [ 5 ] Y and Z admit some of the alleged facts. Z would prefer to be entrusted to a foster family instead of being in a reception centre. [ 6 ] Y wants his file to be closed. He wants to go live with his mother. He will be 17 years old next September.

His mother does not favour that option. [ 7 ] The appointed lawyer for all of the other children asks the Court to grant the measures proposed by the Director as it would be for their best interest, the mother not being able to take care of her whole family, [ 8 ] The parents are now separated. [ 9 ] The father is not implicated in the every day life of his children. He did not have any contacts with them. He does not have a residence of his own. He lives in Town B. [ 10 ] The mother is pregnant.

She intends to go to Portage after she delivers her new baby. [ 11 ] The mother is not available to ensure the security and the structure of her children’s need. There is still the presence of drugs and alcohol intake in her household. [ 12 ] The mother has some irregular contacts with some of her children.

[ 13 ] Z still needs the structure of a regular rehabilitation centre. He has made some progress but must sustain his efforts to change his behaviour for a longer period of time. The risk of failure and regression is very high if he should be allowed to to live in a less structured environment such as a foster family. [ 14 ] Y is not yet ready to live on his own.

If he was allowed to go back home, he would be able to take all his decisions on his own, his mother not being able to guide and to structure him. [ 15 ] The foster mother to whom the Director suggests that the child X be entrusted until his majority was present and testified in Court. This lady, Ms C, has taken care of X since he was three days old. [ 16 ] She and her husband are ready to invest themselves in X’s life. Ms C told the Court that the mother had only one visit with the child and that said visit was when the child was five months old.

The parents never called her to be informed of the child’s evolution. [ 17 ] Ms C’s coordinates were available for the parents. [ 18 ] Ms C lives in Town C. She has taken steps to maintain the child’s cultural language and background and will continue to do so. FOR ALL THESE REASONS, THE COURT: [ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and development of the child, X, are in danger; [ 21 ] ORDERS that the children, X be entrusted to a foster family, namely that of Ms C; [ 22 ] ORDERS that the parents take an active

part in the application of the measures; [ 23 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 24 ] ORDERS that the parents remain sober in the presence of the children; [ 25 ] ORDERS that the parents remain without any violent behaviour in the presence of the children; [ 26 ] RECOMMENDS that the parents seek help through social services concerning their alcohol and personal issues; [ 27 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 28 ] ORDERS that the contacts between the children be favoured; [ 29 ] AUTHORIZES the Director of Youth Protection to conduct unannounced visits in the family household; [ 30 ] AUTHORIZES the child’s foster family, namely Ms C, to sign all consents regarding school, medical, travelling, passport and driver’s permit should the Director of Youth Protection be unable to locate or to get the parents’ consent in a timely manner; [ 31 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the children and the family; [ 32 ] ORDERS the police to collaborate to the execution of the enactment; [ 33 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 34 ] THE WHOLE until [...] 2033. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Yan Massé, Attorney for the children Mtre Angèle Tommasel, Attorney for the mother