2018 QCCQ 9542, 2018 QCCQ 9542

Protection de la jeunesse — 18810 2018 QCCQ 9542 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] “Youth Division” N° : 610-41-000765-172 DATE : February 8, 2018 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at […]; Applicant -and- X, domiciled and residing at […]; Youth -and- A, domiciled and residing at […] Mother -and- B, domiciled and residing at […]; Father ______________________________________________________________________ RECTIFIED 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] Considering the clerical error on the judgment of the undersigned, dated on January 31, 2018; [ 2 ] Considering the existence of

section 338 of the CCP; [ 3 ] Considering that the initial judgment has already been served to the parties; THE COURT: [ 4 ] RECTIFIES the judgement so that the mother’s name, on the first page of the initial judgement, be read: A ; __________________________________ MARC E. GRIMARD, J.C.Q. M e Julie Lemire Counsel for the applicant M e Daniel Ouellette Counsel for the youth M e Michel-Étienne Parayre Counsel for the mother

JG1942 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] “Youth Division” N° : 610-41-000765-172 DATE : 31 janvier 2018 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at […] ; Applicant -and- X, domiciled and residing at […]; Youth -and- A, domiciled and residing at […]; Mother -and- B, domiciled and residing at […]; Father ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [1] The Director of Youth Protection seizes this Court with a motion under

section 38 of the Youth Protection Act in regards to the youth X, born on [...], 2001. Due to the difficulties experienced by the mother as well as the troublesome relationship between her and the youth, the applicant is asking this Court to entrust the adolescent to his maternal grandmother, Mrs. C, with whom he has a good relationship, for a period of twelve months. [2] On the date of the hearing, the youth, mother and applicant are present and represented by counsel. As for the father, he was served the motion on September 27, and is not present in Court.

He is not very involved in his son’s situation, having only episodic contacts with him, and does not collaborate with the Director of Youth Protection. In these circumstances, the Court proceeds in the absence of the father. [3] The mother denies most of the allegations of paragraph four of the motion concerning her personal situation, and does not consider her son’s security and development endangered.

She is not in agreement with the recommendations of the Director of Youth Protection, and does not believe that her son’s current situation warrants an intervention. [4] As for the youth, ha admits to most of the allegations presented in the motion and he is willing to be entrusted to his maternal grandmother for the time being. SITUATION OF THE YOUTH [ 5 ] Ten years ago, the mother was in a car accident and severely injured her back. She has pain in her spine, her neck, and has severe headaches. Physical efforts become difficult: she cannot walk the dog and take care of the house all by herself.

She receives help from home care services on a weekly basis to clean the house. She has a follow-up by Dr. Jean-Guy Ricard and narcotic substances have been removed from her treatment. It was replaced by an antiepileptic drug (topiramate, 60mg). This medicine has significant cognitive effects, such as numbing the brain. It is known to cause fatigue, somnolence, but also general disinterest (nonchalance, idleness). [ 6 ] The youth is now 16 years old. He states that the situation with the mother is becoming unbearable. The mother and the youth have regular conflicts which include verbal violence.

They both become unfiltered when angry, which leads more often than not to

frustration and anger, and lashing out. The youth does not want to see his mother when this occurs, and goes to his maternal grandmother for support. [ 7 ] During her mood swings, the mother will say that the youth is pathetic, lazy, and that he is like her ex-spouse, also calling him stupid, idiot, and no-good. This mostly happens when the youth doesn’t do his chores. [ 8 ] Because of the illness of the mother, she sleeps for a significant part of the day.

She also uses other substances such as alcohol, which is inappropriate with her current prescribed medication. [ 9 ] In school, the youth has a problem of absenteeism. He says he skips classes because of a lack of motivation. The youth has become very anxious, frustrated, and very angry towards his mother. This has had some impacts in school and in other spheres of his life. [ 10 ] The youth has been in the care of his maternal grandmother since august 14, 2017. There exists a conflict between the mother and the grandmother, Mrs. C.

The conflictual situation has now lasted for over ten years. [ 11 ] It is not the first time that the youth is entrusted to his maternal grandmother. The youth feels very safe in this environment and is much calmer. [ 12 ] As for the father, the petitioner did not succeed in getting in touch with him. He is not involved with the youth on a regular basis, and only has episodic contacts with his son. He does not assume a parental role towards the youth, however, he does sometimes contact the youth through messenger to give him his support regarding the situation.

ANALYSIS [ 13 ] The Court comes to the conclusion that the situation of the youth is endangered under

section 38 b) 1) iii) : Neglect on an educational level (inappropriate parental attitude in the maternal environment), and

section 38 b) 2) : Serious risk of neglect (substance abuse by the mother, mother’s physical health problems). [ 14 ] Unfortunately, the physical situation of the mother is due, in most part, to a car accident. This has gotten her involved in a vicious circle of consumption and addiction to pain killers, which has greatly affected her relationship with her son. [ 15 ] Although the father offers timely support to the youth, it is impossible for the Court to consider this environment as a suitable solution for the time being. [ 16 ] The maternal grandmother says that the youth is doing well.

He does work and does his chores for an allowance every week, and has also been doing better in school.

He complies with the rules, and the grandmother is ready to receive the youth for the rest of the year. [ 17 ] The youth mentions to his grandmother that he is tired of the arguments and conflicts between himself and his mother. [ 18 ] It should be noted that the mother lives only a five minutes’ walk away from the maternal grandmother. [ 19 ] Considering the evidence given to the Court and the situation of the youth, the Tribunal believes that it is in his best interest that he be entrusted to his maternal grandmother.

Furthermore, some additional measures must be put in place for the mother to be able to overcome her severe health problems. FOR THESE MOTIVES, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES the security and development of the X, born on [...], 2001, as being compromised under sections 38b)1)iii) and 38b)2); [ 22 ] ORDERS that X be entrusted to his maternal grandmother, Mrs. C, for a period of twelve (12) months, including a period of progressive reintegration in his mother’s environment, if the situation allows it, and to the extent that Mrs.

C receives the foster family accreditation, ORDERS that the adolescent be entrusted to her as such; [ 23 ] ORDERS that X and his parents participate actively to the implementation of the measures; [ 24 ] ORDERS that the mother maintains the services her health and personal situation requires, and follows the recommendations of the professionals; [ 25 ] ORDERS that aid, counsel and assistance be provided to the adolescent, his parents and the maternal grandmother; [ 26 ] ORDERS that the mother collaborates with the Director of Youth Protection worker; [ 27 ] ORDERS that the adolescent and his mother authorize the exchange of information between all the professionals involved in their situation; [ 28 ] ORDERS that the parents, the adolescent and the maternal grandmother report regularly to the Director of Youth Protection; [ 29 ] ORDERS that the adolescent attend school on a regular basis or another place of learning or participates in a program geared to developing skills and autonomy; [ 30 ] ORDERS that the contacts between X and his parents be determined by the Director of Youth Protection in terms of modalities

and frequency, in presence of a third party if judged necessary, and in the best interest of the adolescent; [ 31 ] ORDERS any police body to collaborates for the purpose of executing this enactment; [ 32 ] ENTRUSTS the adolescent’s situation to the Director of Youth Protection for the execution of the present judgment. __________________________________ MARC E. GRIMARD, J.C.Q. M e Julie Lemire Counsel for the applicant M e Daniel Ouellette Counsel for the youth M e Michel-Étienne Parayre Counsel for the mother Date of hearing: November 7, 2017