2022 QCCQ 7034, 2022 QCCQ 7034

Protection de la jeunesse — 224427 2022 QCCQ 7034 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006875-226 DATE: August 8, 2022 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2009 Youth ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A Parent ______________________________________________________________________ JUDGMENT

Article 38 of the Youth Protection Act ______________________________________________________________________ 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 ofence and is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection asks for protective measures as concerns the child in relation to his mother’s continued struggles with her personal difficulties which affect her abilities to see to his needs. [ 2 ] The Director seeks a 6 months order with various measures the principal being that the youth reside with Mr.

B (biological father) while maintaining contacts with his mother following agreement between the parties. [ 3 ] The mother is absent from the hearing, but confirms to the caseworker her agreement with the conclusions. The youth, through his attorney, also subscribes to the orientation. [ 4 ] The Court endorses the conclusions and the following elements justify this decision.

Analysis and decision [ 5 ] Agreements on voluntary measures are in place since June 29, 2021 on the grounds of neglect (educational and physical) and psychological ill-treatment. [ 6 ] These are in relation with the mother’s ongoing difficulties as to her mental health, her consumption habits and parental skills.

The mother recognizes these issues and agrees to follow recommendations and seek services. [ 7 ] Considering that the youth’s functioning is impeded by his mother’s inability to ensure a proper routine and structure, the parties agree that he reside with his aunt. [ 8 ] During this time, the youth maintains contacts with his mother as well as with Mr. B, recognized as his biological father and with whom he has a significant relationship. In Mr. B’s environment, he also has access to his other siblings. [ 9 ] The mother continues to work on herself, but her situation remains precarious on many levels.

Throughout the follow-up, she struggles to mobilize herself in a durable fashion. More particularly, her sobriety and parental capacities are still substantial issues. [ 10 ] Although the youth functions generally well, he continues to show distress in relation to his family situation. Although he appreciates his contacts with his mother, he mentions not wanting to return to her care, lacking confidence in her parental abilities. [ 11 ] After numerous issues arise as to the aunt’s environment, the youth transfers to Mr. B’s care. He now states that he appreciates being in a stable and family environment. Mr.

B cooperates with the follow-up and is seen as being attentive to the youth’s needs.

[ 12 ] For these reasons, the orientation proposed is an accurate reflection of the youth’s needs and the objectives of the law. [ 13 ] Considering the circumstances, the Court also recommends that Mr. B take proceedings to clarify his paternity as to the youth. At the hearing, he agrees to do so. FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] D ECLARES that the security and the development of the youth are in danger for the following reasons: • neglect of basic physical needs (article 38b)1)

i) Youth Protection Act ); • educational neglect (article 38b)1)iii) Youth Protection Act ) • psychological ill-treatment (article 38c) Youth Protection Act ); [ 16 ] ENTRUSTS the youth to his biological father, Mr. B; [ 17 ] ORDERS that the contacts between the youth and his mother be following agreement between the parties; [ 18 ] ORD ERS that the mother and Mr. B report periodically to the Director of Youth Protection on the measures that apply in their own regard or their child regard to put an end at the situation in which his security or development is in danger; [ 19 ] ORDERS that the mother and Mr. B take an active

part in the application of the measures ordered; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and his family; [ 21 ] RECO MMENDS that Mr. B undertake proceedings to clarify his paternity; [ 22 ] T HE WHOLE for six months; [ 23 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Marc Castonguay Attorney for the Applicant Me Stéphanie Castagnier Attorney for the youth Date of hearing: August 8, 2022