2018 QCCQ 15034, 2018 QCCQ 15034

Protection de la jeunesse — 185636 2018 QCCQ 15034 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] Youth Division No: 650-41-001968-110 DATE: May 29, 2018 ______________________________________________________________________ BY THE HONOURABLE VICKY LAPIERRE, J.C.Q. ______________________________________________________________________ [Social Worker 1], authorized person by the Director of youth protection, Applicant v.

X, Child and A, Mother and B, 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 extension pursuant to sections 95 and 75 of the Youth Protection Act. [ 2 ] In support of her application, the Director of Youth Protection (DYP) produces a report written by [social worker 1], authorized member of her staff, on May 11, 2018, under D-4. [ 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 parents’ addiction problem and instability. [ 4 ] At the hearing, the parents were absent and based on the proof that was presented by the DYP’s lawyer, the Court dispenses with service considering exceptional reasons brought to its attention.

The child, through his lawyer, admits the allegations of the application and agrees to the conclusion sought. [ 5 ] X is now 9 years old. X has been entrusted to and living almost all her life with her grandfather C. Mr. C collaborates with the DYP services. He communicates with Mrs. [social worker 1] on a regular basis to inform her of his granddaughter’s evolution. Mr. C’s job brings him to travel and to leave Kawawachikamach for 14-day periods from May to December. During those periods, he needs help and support to take care of X.

He can count on D for support, as well as on E, the grandmother. [ 6 ] Since June 2017, Mrs. [social worker 1] has been in contact with Mr. C regarding X’s poor school attendance. She was frequently absent from school. The family was aware of the importance of the child’s school attendance on a regular basis. Since Mrs. [social worker 1]’s intervention, the situation has improved. [ 7 ] The child has a learning disability with symptoms of attention deficit hyperactivity disorder. She is expecting an evaluation from the school’s psychoeducator.

Besides that, no other difficulty has been reported at home. [ 8 ] The DYP worker has not had many contacts with the parents considering their lack of collaboration. They both live in [Town A]. The father works for community public works. The mother had indicated to the DYP worker on random meetings that she would like to be more invested in the child’s follow-up. However, she missed two subsequent appointments without notice.

[ 9 ] For a few years now, the mother’s life style has been marked by addiction and instability. [ 10 ] The evidence, especially Mrs. [social worker 1]’s report under D-4, leads to the conclusion that the security or development of the child is still considered to be in danger. [ 11 ] X is now receiving the care and attention she needs and it is now in her best interest to be maintained with her grandfather Mr. C, who is also getting help and support, namely from E, along with other assistance.

WHEREFORE, THE COURT: [ 12 ] GRANTS the present application; [ 13 ] REVIEWS and EXTENDS the last order; [ 14 ] DECLARES that the security and the development of the child remain in danger; [ 15 ] ORDERS that the child be entrusted to her grandfather Mr. C for a period of twelve (12) months; [ 16 ] TAKES NOTE that Mrs.

D is taking care of the child during the grandfather’s absences for work; [ 17 ] ORDERS that the parents stay sober in presence of the child; [ 18 ] 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; [ 19 ] ORDERS that the parents report periodically to the Youth Protection social worker to inform her of their situation; [ 20 ] WITHDRAWS certain parts of the parents’ parental authorities and AUTHORIZES 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; [ 21 ] 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 Date of hearing: May 29, 2018