2018 QCCQ 15970, 2018 QCCQ 15970

Protection de la jeunesse — 185645 2018 QCCQ 15970 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] […] Youth Division No: 650-41-002755-177 DATE: May 29, 2018 ______________________________________________________________________ BY THE HONOURABLE VICKY LAPIERRE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person or the Director of Youth Protection, Applicant and X, Child and A, 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 Court is seized with an application for review and extend pursuant to

section 95 and 75 of the Youth Protection Act. [ 2 ] In support her application, the Director of Youth Protection (DYP) produces a report written by [Social Worker 1], authorized member of her staff, on May 11 th 2018, under D-2. [ 3 ] In the application, it is alleged that the security or development of the child is in danger because of a serious risk of neglect due to the father’s addiction problem and mental disorder. [ 4 ] At the hearing, the father was absent but duly served.

The child, through his lawyer admits the allegations of the application and agrees to the conclusion sought. [ 5 ] X is now 8 years old. Since his mother passed away on April 2017, he has been entrusted to his maternal grandmother, Mrs B who lives in Town A. [ 6 ] It was very hard for X to adapt to his new living environment. At first, he could not speak language. He was attending a French/[language A] school and he had to transfer to an English /[language B] school.

He had difficulties understanding other students and teachers, which led him to be anger and violent. [ 7 ] Thanks to some help, his English has been improving. He is now calmer and has less violent reactions. [ 8 ] X is not opening easily with the DYP worker. He was scared to be removed from his grandmother’s place and needed to be reassured. [ 9 ] X’s bound with his grandmother is very important and noticeable.

The DYP worker will have to work on a permanent life project for X, to ensure continuity of care, stable relationships and stable living conditions that correspond to X’s needs. [ 10 ] The recent death of his mother is certainly a traumatizing event for X and he is not able to discuss it for the moment. X has been appointed to a psychologist who suggests not to question the child on his mother’s passing but rather to invest in helping him adapt to his new environment. [ 11 ] As to the father, he is now living in a group home in Town B called « Center A ».

X had access to him when he traveled to Town B with his grandmother. As far as the father is concerned, it appears that he has not and will not be able to take care of the child and cater to all his needs. [ 12 ] The evidence, especially Mrs. [Social Worker 1]’s report under D-2, leads to the conclusion that the security or development of the child is still considered to be in danger. It is in X’s best interest to be entrusted to his grandmother, who can meet all his needs, and

receive other assistance. WHEREFORE, THE COURT : [ 13 ] GRANTS the present application; [ 14 ] REVIEWS and EXTENDS the last order; [ 15 ] DECLARES that the security and the development of the child remain in danger; [ 16 ] ENTRUSTS the child of his grandmother, Mrs.

B, for period of six (6) months; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family for the same period; [ 18 ] ORDERS that the child receive all the care and health services that he needs; [ 19 ] WITHDRAWS certain parts of the parents’ parental authority and AUTORIZES the Director of Youth Protection or the person appointed by her to consent to any health care and services, schooling and after school activities, cultural and sport activities during the present order; [ 20 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. __________________________________ Vicky Lapierre, J.C.Q.

M e Lyne Monger For the applicant Turgeon, Monger Cormier avocats M e Chantal Gaudreau For the child Centre communautaire juridique A Père present et non représenté par avocat Date of hearing: May 29, 2018