2019 QCCQ 19014, 2019 QCCQ 19014

Protection de la jeunesse — 197371 2019 QCCQ 19014 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 455-41-001244-193 DATE: September 26, 2019 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF: X Born on […], 2006 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection Applicant v.

A The mother -and- B The father ______________________________________________________________________ JUDGMENT [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.).

Introduction [ 1 ] The Director is requesting that the security and development of the child X be declared in danger on the grounds of educational neglect, risk of neglect and serious behaviour disturbances. [ 2 ] Today, the Director recommends that the Court entrust X to the care of his paternal grandparents for a period of one year and to their foster home, should they be approved as proximity foster parents for X. [ 3 ] He also recommends that the Court authorize contact with his father upon agreement with the Director, and supervised contact with his mother, upon request of the child and agreement with the Director, conditional to a prior meeting with the delegate. [ 4 ] He also asks the Court to withdraw from the mother certain attributes of parental authority and to grant to the father the exclusive exercise of parental authority pertaining to these. [ 5 ] The whole with a social follow-up for a period of one year. [ 6 ] Both parents are present and not represented.

They are in agreement with the recommended measures. [ 7 ] The paternal grandmother is also present and expressed her consent to care for X for the next year. [ 8 ] X’s lawyer express his consent to be entrusted to his paternal grandparents. the situation of compromission [ 9 ] In the fall of 2018, X’s situation was reported to the Director. [ 10 ] At the time, X is under the custody of his father.

His mother has been absent from his life due to a long history of substance addiction. [ 11 ] X is diagnosed with ADHD with a strong emotional component. [ 12 ] He was also evaluated in occupational therapy as having low self-esteem and emotional dysregulation.

[ 13 ] X was having problematic behaviour at school. He was getting into fights, making sexual comments in class and participated in bullying with a sexual connotation. [ 14 ] Ever since he started school in kindergarten, he had a challenging behaviour in class but it had now come to a point where school suspensions multiplied and consequences were more important. [ 15 ] The father had a partner and her relationship with X was difficult.

The youth did not respect her authority. [ 16 ] The family had been receiving help from the CLSC since March 2018. [ 17 ] The father expressed concern about X’s behaviour and admitted to be short-tempered and sometimes verbally aggressive towards his son, calling him names and raising his voice. [ 18 ] In order to help the father, the paternal grandparents had been caring part time for X. [ 19 ] In fact, the paternal grandparents have been the primary caregivers for X until 2013 when a family feud led to ties being severed.

Thus X had been deprived of seeing his paternal grandparents for 5 years. [ 20 ] The evaluation concluded that the youth’s security and development were considered endangered for the motives of educational neglect from the father, a risk of serious neglect due to the long history of substance abuse by the mother and serious behavioural disturbances. agreement on voluntary measures [ 21 ] In January 2019, the parents signed an Agreement on Voluntary measures that were to be effective from January 24, 2019, for a period of one year. [ 22 ] The measures agreed upon were that X remains entrusted to his father, that contacts with his mother be determined according to X’s needs and upon his request, that contacts with the paternal grandparents be determined upon agreement between the parties. [ 23 ] The social follow-up was to include the help of an educator for as long as deemed necessary. evolution of the situation [ 24 ] In the months of January and February 2019, the father was unemployed and present to care for X. [ 25 ] He was collaborating with the social follow-up, school authorities and medical follow-ups for X. [ 26 ] The mother was also collaborative up until April 2019, when she became unreachable. [ 27 ] The father started working in March 2019.

He put in long hours to climb up the ladder of his new job. [ 28 ] He entrusted X to the paternal grandparents to care for him while he was at work. [ 29 ] The father claims that he made sure that X had all he needed while at his parents’ place. [ 30 ] So much so that in May 2019, the Director discovered that X was in his grandparents’ care most of the time. [ 31 ] X refused to stay at his father’s home while he was away at work.

He says that his father’s partner had slapped him on the back of his head when he was about 8 years old and that he does not feel comfortable being alone with her. [ 32 ] But the boy missed his father and was disappointed when he was supposed to come visit him but could not. [ 33 ] On June 13, 2019, the Court rendered a provisional order entrusting X to his paternal grandparents where he remains. [ 34 ] Since February 2019, an educator has been working with the grandparents and the school to help enforce a stable routine with X. [ 35 ] X had not been attending school since the events of December 10, 2018, when he had filmed an autistic boy getting changed in the bathroom. [ 36 ] He started being tutored in February and made good progress which allowed him to catch up in his studies. [ 37 ] In May 2019, X was assessed in psychiatry.

He was found to be impulsive and oppositional and at risk of developing a conduct disorder. [ 38 ] On September 25 th , X went to his psychiatrist for a follow-up. His medication was adjusted. measures to remedy the situation [ 39 ] The father was given a generous

schedule of visitation. He can see his son every weekend and every night after school. [ 40 ] He sees X about 4 nights out of 5 and presents himself every weekend to his parents, house. [ 41 ] The grandmother says that X does not always want to go with his father on weekends.

[ 42 ] The relationship seems to need to be worked on as well as the one with the father’s partner. [ 43 ] The father must continue to nourish his relationship with his son. [ 44 ] The mother recognizes her personal instability and limitations.

She is still struggling with drug and alcohol abuse. [ 45 ] She wishes to have contacts with her son but understand that the request must come from him. [ 46 ] The father can be very denigrating of the mother in front of X and should stop not to hurt his son. [ 47 ] X is still suffering from a major disruption in care in 2013 when he stopped seeing his primary caregivers. [ 48 ] He must receive services for his special needs including child psychiatry. [ 49 ] X is receiving care and education at his grandparents’ home where he says he feels safe.

FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development of the child X are in danger in regards to educational neglect, risk of neglect and serious behaviour disturbances; ENTRUSTS X to the care of his paternal grandparents, Ms. C and Mr.

D; TAKES JUDICIAL NOTICE of the Director of Youth Protection’s intention to assess the paternal grandparents in conformity with the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements, and amending various legislative provisions; ORDERS , following a positive assessment of the paternal grandparents’ environment, that the child be entrusted to the foster family of this paternal grandparents for the duration of the Court order; AUTHORIZES , in the child’s favour, contacts with his father upon agreement with the Director of Youth Protection; AUTHORIZES , in the child’s favour, supervised contacts with his mother upon request of the child and agreement with the Director of Youth Protection, conditional to a prior meeting with the delegate; WITHDRAWS from the mother the attributes of parental authority pertaining to X’s passport, travel, health and education needs; GRANTS to the father the exclusive exercise of parental authority pertaining to the said attributes; ORDERS that the mother report periodically to the Director of Youth Protection of any change in her situation; ORDERS that the parents participate to the measures set forth to end the compromising situation, notably that the father refrain from denigrating the mother in the presence of X TAKES JUDICIAL NOTICE that an educator support will be provided to X and his family for as long as deemed necessary; ORDERS that a person, working for the Director of Youth Protection of the CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child and his family for a period of one (1) year; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

Christine Loubier Counsel for the DYP Ysabelle Proulx Counsel for the child Date of hearing: September 26 , 2019