2022 QCCQ 13058, 2022 QCCQ 13058

Protection de la jeunesse — 224384 2022 QCCQ 13058 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 615-41-002871-217 DATE: May 16, 2022 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A, having a place of business at [...] Applicant and X, born on [...], 2008 Adolescent and A Mother ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare the security or development of the adolescent X, born on [...], 2008, in danger and to entrust him to his uncle B for a period of 17 months. [ 2 ] The mother agrees with the recommendations. She recognizes being unstable regarding her living environment. [ 3 ] She has mobilized herself to find a foster family of proximity for her son. [ 4 ] In August 2020, the mother entrusted the adolescent to his older sister.

In October 2021, the mother expressed concerns regarding the wellbeing of her son in this environment. She stated that her daughter often left her own children under the care of the adolescent to babysit them. She also mentioned that her daughter has an important consumption problem. [ 5 ] The adolescent was exposed to many conflicts and violence between the mother and her older daughter. Both have consumption problems and can be aggressive under the influence of intoxicating substances. [ 6 ] Ms. C, the older sister, had a follow-up with the DYP for her own children. Her collaboration was very difficult.

She did not give access to her residence. [ 7 ] Between October 22 and 26, 2021, Ms. C was not reachable despite many attempts from the DYP workers. The Youth Protection worker received the school attendance record for the adolescent and he has a very high rate of absence and late class attendance. [ 8 ] On November 25, 2021, the Youth Protection worker tried to visit Ms. C at home. She took almost 15 minutes to answer the door to the worker. She had marks on her face such ecchymosis on her lips and dried blood.

She refused to let the workers enter her home. [ 9 ] Following that event, an immediate protection measure was taken for her children and for the adolescent. [ 10 ] On November 29, 2021, the mother and her son were met by the DYP to find a new environment for him. The adolescent expressed he wanted to go to City A. The mother informed the Youth Protection worker that Mr. B, the adolescent’s uncle accepts to take the teenager in his home in City A. [ 11 ] The adolescent evolves well in this environment, Mr. B provides a safe and stable environment to the adolescent.

He shows that he is attentive to the adolescent’s needs.

[ 12 ] The adolescent needs to experience stability to achieve his full potential. The recommendation is to place him for a period covering the entire school year and also the next school year to ensure stability for his learning. [ 13 ] The mother plans to move to City B. She believes she will have access to more services there. She acknowledges she doesn’t have the lifestyle neither the stability to take care and answers to her son’s needs. She agrees to entrust her son to her brother Mr. B for a period of 17 months. [ 14 ] According to the evidence, the security and development of the adolescent are in danger in regards to paragraph b)1)iii, b)2) and

c) of

section 38 of the Youth Protection Act. [ 15 ] The adolescent wants to stay with his uncle Mr. B. He asks to have contact with his niece and nephew. [ 16 ] The Court is of the opinion that it is in the best interest of the adolescent to be entrusted to his uncle Mr. B for the next 17 months. FOR THOSE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of X, born on [...], 2008, are in danger in regards to paragraph b)1)iii, b)2) and

c) of the Youth Protection Act ; [ 19 ] ENTRUSTS the child to his uncle, Mr. B, for the duration of 17 months and in the event that Mr. D receives the accreditation to be a foster family of proximity, that the teenager be entrusted to him under this title ; [ 20 ] ORDERS that the contacts between the child and the mother be determined with the director of youth protection’s delegate regarding modalities, frequency and the presence of a third party if judged necessary ; [ 21 ] ORDERS that the contacts between the adolescent and his niece, his nephew and his sister, Mrs.

C, be encouraged and determined with the Director of Youth Protection’s delegate regarding modalities, frequency and the presence of a third party if judged necessary ; [ 22 ] ORDERS that the adolescent not be exposed to any type of consumption, conflict and violence; [ 23 ] ORDERS that the mother does not show up intoxicated in the environment in which the adolescent is entrusted; [ 24 ] ORDERS that the mother periodically reports to the Director of Youth Protection regarding her situation; [ 25 ] ORDERS that the mother collaborates to the intervention of the Director of Youth Protection’s delegate when judged required by him, in her son’s best interest; [ 26 ] ORDERS that aid, counsel and assistance be provided to the adolescent and the mother for a period of 17 months; [ 27 ] RECOMMENDS that the file be transferred to the Director of Youth Protection A in order to be the main responsible of the adolescent’s file; [ 28 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out.

Signed in City C on June 29, 2022 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Andrew Smith-Grégoire For the adolescent Mtre Valérie Martel For the applicant Madam A Representing herself Date of hearing: May 16, 2022