2016 QCCQ 10913, 2016 QCCQ 10913

Protection de la jeunesse — 164748 2016 QCCQ 10913 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000408-162 DATE: June 7, 2016 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on […], 2004 Child -and- A -and- B Parents -and- C Tutor 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 child has lived with his paternal grandfather even since he was a baby. In 2006, the grandfather is appointed as tutor to the child. The grandfather also shares his life with his spouse and her children. [ 2 ] Between 2011 and 2013, the director of youth protection (DYP) is involved with the child’s family. Protection measures are ordered in March 2012 and extended on November 13, 2012. [ 3 ] At the time, the children suffer from severe neglect in their environment.

Their basic needs are not met. Hygiene, health care and even food are issues. Apparently, things improve and the DYP closes its file in July 2013. [ 4 ] The situation is reported to the DYP, again, basically for the same reasons. [ 5 ] The Court is seized with an application for protection of the child. [ 6 ] The parents are absent from the child’s life and their whereabouts are unknown. Therefore, a dispense to serve the application to the parents is granted. [ 7 ] The evidence reveals that the youth has to cope with difficulties. The child has poor hygiene. He wears dirty clothes that do not smell good.

His teeth are also dirty. [ 8 ] Fortunately, the child succeeds in school. Homework is usually completed. [ 9 ] When the DYP meets with the family, in February, they live in an apartment. There are four children under the family roof and they all share one small bedroom. The apartment is messy, with objects everywhere and a strong smell of cigarettes. In March, however, they move into a new home. The social worker notices a major improvement as far as the physical environment is concerned. [ 10 ] The grandfather’s wife is on a methadone program in order to cope with an addiction to prescribed drugs.

She fails to meet her own children’s basic needs. She shows poor cooperation with the DYP.

[ 11 ] The child is withdrawn and has a hard time trusting adults. He fears to be taken away from home, ever more so since a son and daughter of the grandfather’s wife were entrusted to their father. [ 12 ] The youth and the other children living under the same roof have to cope with recurrent situations of neglect, which endangers their security or development. [ 13 ] The recommended measures, notably to maintain the youth with his tutor, are appropriate. WHEREFORE, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 16 ] ORDERS that the child be entrusted to his grandfather, Mr.

C; [ 17 ] ACKNOWLEDGES the tutor’s consent and AUTHORIZES the child’s counsel to have access to any school, medical or other social file in order to proceed to psychological and/or medical expertises; [ 18 ] ORDERS that the child receive all services his situation requires; [ 19 ] ORDERS that the grandfather be involved actively in all measures ordered to end the situation; [ 20 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until May 30, 2017; [ 21 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Kimon Kling for the child Me Alexis Deschênes for the tutor Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on July 15, 2016