2020 QCCQ 6970, 2020 QCCQ 6970

Protection de la jeunesse — 206305 2020 QCCQ 6970 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N° : 455-41-001244-193 DATE : October 22, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2006 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A The mother -and- B The Father ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ 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.).

Introduction [ 1 ] The Director is requesting the revision of the Court order rendered on September 26, 2019. [ 2 ] By this decision, the Tribunal declared the security and development of X in danger for the motives of educational neglect, risk of neglect and serious behaviour disturbances. [ 3 ] As protective measure, the Court entrusted the child to the care of his paternal grandparents, took judicial notice of the Director’s intention to assess the paternal grandparents, and ordered, following a positive assessment, that the child be entrusted to the foster family of his paternal grandparents. [ 4 ] In addition, the Court authorized in the child’s favour, contact with his father upon agreement with the Director and supervised contact with his mother upon the child’s request and agreement with the Director, conditional to a prior meeting with the delegate, withdrew from the mother the attributes of parental authority pertaining to X’s passport, travel, health and education needs, granted to the father the exclusive exercise of parental authority pertaining to the said attributes, took judicial notice that an educator support will be provided to X and his family for as long as deemed necessary, and ordered a social follow-up for a period of one year. [ 5 ] Today, the Director considers that the security and the development of the child are still in danger for the same motives. [ 6 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court entrust the child to the foster family of his paternal grandparents, authorize contact with his father, upon agreement with the Director, and supervised contact with his mother, upon the child’s request and agreement with the Director, conditional to a prior meeting with the delegate, withdraw from the mother the attributes of parental authority pertaining to the child's passport, travel, health and education needs, grant the father the exclusive exercise of parental authority pertaining to the said attributes withdrawn from the mother, take judicial notice of the Director’s intention to clarify a permanent life project for the child, and order a social follow-up for a period of one year.

[ 7 ] At the hearing held on October 22, 2020, the mother is present and not represented by a lawyer. She agrees with the proposed measures, as they are in her child’s best interest. [ 8 ] The father is also present and not represented. He agrees with the proposed measures. [ 9 ] The child’s lawyer is also in agreement with the Director’s recommendations.

Evolution of the situation [ 10 ] Since the last Court order, X, currently 14 years old, is living with his paternal grandparents. [ 11 ] At the beginning of the school year, several restrictions and measures were taken at school: the adolescent was not allowed to take the school bus, was denied extracurricular activities, was not allowed to eat in the cafeteria with the other students, and was accompanied by a social worker at all times. [ 12 ] Although the adolescent felt alienated by those measures, he was able to resume school full time in January.

His behaviour has greatly improved. [ 13 ] Since May, X has been receiving school work at home due to the current pandemic restrictions and he has been excelling academically in most subjects. [ 14 ] X confirms that he is well at his grandparent’s house but that he would like to see his father more often. [ 15 ] X acknowledge that the situation between himself and his stepmother does not allow more time at the father’s given that he stays in his room while visiting to avoid a confrontation with his step-mother. [ 16 ] X has not gone to his father’s place since January and has stated that he no longer wants to be living with his father. [ 17 ] Mother recognizes her personal instability and limitations.

There were no contacts between the child and her during the past year. [ 18 ] X’s grandparents provided a continuous routine and a stable environment. [ 19 ] By their agreement, the parties recognize that the proposed measures meet X’s needs. [ 20 ] The Court also considers that the situation evidenced in the revision report produced herein gives rise to the sought measures. FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development of the youth X are still in danger.

REVISES the Court order rendered on September 26, 2019 in the present file; ENTRUSTS the child X to the foster family of his paternal grandparents, Ms. C and Mr.

D; AUTHORIZES , in the child’s favour, contacts with his father, upon agreement with the Director of Youth Protection; AUTHORIZES , in the child's favour, supervised contacts with his mother, upon request of the child and agreement with the Director of Youth Protection, conditional to a prior meeting with the delegate; WITHDRAWS from the mother the attributes of parental authority pertaining to the child's passport, travel, health and education needs; GRANTS the father the exclusive exercise of parental authority pertaining to the said attributes withdrawn from the mother; ORDERS that the child's mother report in, at regular intervals, to the Director of Youth Protection to inform her of the current situation; ORDERS that the child and the parents take an active

part in the application of any of the measures ordered by the tribunal, namely that the father refrains from denigrating the mother in the presence of the child; TAKES JUDICIAL NOTICE of the Director of Youth Protection’s intention to clarify a permanent life project for the child; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the youth and his family for a period of one year; ENTRUSTS the situation of the youth X to the Director of Youth Protection to see that the measures are carried out; ___________________________________ PASCALE BERARDINO, J.C.Q.

M e Pascale Gauthier Counsel for the Director Of Youth Protection M e Ysabelle Proulx Counsel for the youth Date of the hearing: October 22, 2020