2019 QCCQ 15083, 2019 QCCQ 15083

Protection de la jeunesse — 194659 2019 QCCQ 15083 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] “Youth Division” No.: 650-41-001968-110 DATE: May 28, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE LOUISE GALLANT, J.C.Q. ______________________________________________________________________ In the situation of: X Child and [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW AND EXTENSION (Sections 95(1), 95(2) and 75 Y.P.A.) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Court is presented with an application for review and extension in the situation of X (10 ½ years old). [ 2 ] On May 29, 2018, the Court entrusted the child to her grandfather, Mr. C, for twelve months. It was also agreed that her aunt, Mrs. D, would be taking care of the child during the grandfather’s working periods. Other measures catered to the situation were also ordered, including a psychosocial follow-up, that the parents stay sober in the presence of the child and that the parents report

periodically to the Youth Protection social worker to inform her of their situation. [ 3 ] Since the last order, the child has been entrusted to her grandfather, with the support of her aunt, [Mrs D], and has been receiving the care she needs. [ 4 ] The child is doing well in school, even if she has some behavioral problems. [ 5 ] The mother is in Town A and she doesn’t have a home. She is always moving from one place to another, between Town B and Town A. [ 6 ] The mother was stabbed three times and the child saw her with her injuries. [ 7 ] The father isn’t collaborating with the social worker.

He saw the social worker for the last time in December 2017. [ 8 ] The father has many contacts with his children when they visit. [ 9 ] X is very charming, curious and playful. She has friends and plays hockey in her community. [ 10 ] She is attending the [ school A ] , in Town B. She is in grade 3. She is doing well in school, however, the teachers note that she has some learning difficulties. An intervention plan was developed by the staff to help the child. [ 11 ] The child has been living with her maternal grandfather for many years. Mr. C job has been problematic at certain times.

In fact, he works for [ employer A ] , a mining company, which leads him to leave his community for 14 days straight, and sometimes more, from May to December. [ 12 ] When the grandfather is absent, X is babysat by her aunt [Mrs D], sometimes by her grandmother, [Mrs E], as well as by her aunt [Mrs F]. [ 13 ] X has a good relationship with her grandfather who offers her a reassuring setting. [ 14 ] As to the parents, they remain with drinking and instability issues.

They are not readily available to meet the needs of their children. [ 15 ] After assessing the situation, the Court concludes that the security and development of the child are still in danger within the scope of the Youth Protection Act due to the serious risk of neglect (addiction problems and instability of the parents). [ 16 ] The Court considers that this application is in the child’s interest and is well founded in fact and in law. [ 17 ] Therefore, the Court, with the consent of the parties, grants the application for review and extension.

FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] REVISES and EXTENDS the last order; [ 20 ] DECLARES that the security and the development of the child remain in danger; [ 21 ] ENTRUSTS the child to her grandfather, Mrs.

C, until her majority; [ 22 ] TAKES NOTE that a guardian authorized by the social worker will be taking care of the child during the grandfather’s working periods; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her family for the same period; [ 24 ] ORDERS the parents to be sober in presence of the child; [ 25 ] ORDERS that the parents report periodically to the Youth Protection social worker to inform her of the situation; [ 26 ] WITHDRAWS parental authority from the parents and AUTHORIZES the Director of Youth Protection or the person appointed by her to consent to the health care and services needed, to school activities and after-school activities, to cultural and sport activities, to obtain a passport and a driving licence as well as the required authorizations to travel outside the country; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order.

__________________________________ LOUISE GALLANT, J.C.Q. Mrs. Lyne Monger Counsel for the applicant Mrs. Chantal Gaudreau Counsel for the child Hearing date: May 28, 2019