2023 QCCQ 8532, 2023 QCCQ 8532

Protection de la jeunesse — 232726 2023 QCCQ 8532 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000865-222 DATE : JANUARY 10 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2008 Child And [SOCIAL WORKER 1] youth protection worker, duly authorized by the Director of Youth Protection of the A Health and Social Services A, working in Town A. Applicant and A B Parents . JUDGMENT

Article 38 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application under

section 38 of the Youth Protection Act (YPA) asking the Court to declare that security and development of the child are endangered under

section 38 ( f )- serious behavioral disturbances- and 38 ( b ) 1 o ii. -neglect failing to give the child the care required for the child’s physical or mental health, or not allowing the child to receive such care. [ 2 ] The Director asks the Court to order that the child be entrusted to his mother and that the contacts between the father and X be determined by the Director for frequency and modalities and to order several assistance measures including aid, counselling and assistance to the child and the child’s family for a period of one year.

[ 3 ] The mother is not represented by any lawyer. She admits most of the alleged facts, denies one of them and ignores others. She agrees with the recommendations. [ 4 ] On the other hand, the mother raises a question concerning the resumption of contacts between the child and his father. She explains that since the child has not lived with his father for many years and that the father currently lives in Town B, her son does not know him very much. Her child is not comfortable going to meet his father in Town B without any preparation.

Therefore, the mother submits that before the Youth Protection organizes any contact and sending the youth to Town B it should be seriously discussed among all the parties and the child’s wishes should be taken into account. [ 5 ] M e Malo on behalf of the father admits the essential of the alleged facts. He’s asking contacts with his son and for different reasons asked that these contacts be in Town B.

After having heard the testimony of the mother, he recognizes that his son may not be comfortable to see him in Town B and that a preparation is necessary. [ 6 ] M e Ayoub on behalf of the child admits most of the alleged facts, ignores others. The child asks the Court to order that his wishes be taken into consideration when it comes to establish a plan to resume contacts with his father. [ 7 ] The evidence reveals the following facts. [ 8 ] The parents are separated since the child was very young. He lived with the father until the age of 18 months.

Since then he lives with the mother and has not had regular contacts with the father. [ 9 ] For a few months before the application was filed in June, the child has been exhibiting behavioral issues. He did not respect the home rules and the authority of the mother. He was often arguing with her. In addition, the child was frequently smoking weed. [ 10 ] From February until the end of May, the child was with the paternal grandmother in Town C and was attending school there. [ 11 ] On May 24 th , 2022, there was an incident where the child and the mother were arguing.

The police were called to the home and took the child to the clinic as he was having suicidal ideations. He had superficial cuts on a wrist, he was high on cannabis, aggressive and was saying he was going to starve himself. [ 12 ] When he was released from the clinic, he went to a paternal aunt’s home. [ 13 ] The child was to receive services from the on-call therapist in the fall of 2021, but the mother did not sign the authorization. She was overwhelmed and did not want the child to return to her home. [ 14 ] The child is presently under the care of C, the mother of one of his best friends.

Since the child is under her care, there has been no reports regarding behaviors or drug use of the child. [ 15 ] He has not attended school since his return to Town A since September 2022. [ 16 ] The child only wants to be able to express his wishes and desires that should be taken into account. [ 17 ] Before any resumption of contact, there should be a meeting between all parties: the mother, the father, the child and the Youth Protection worker. [ 18 ] Given the whole evidence, the position expressed by the mother and father, their consent to the measures proposed, the position expressed by the youth as well, the Court concludes that the recommendations proposed are in the interest of the child.

THEREFORE, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of X born on [...], 2008 are endangered under 38 (b) (1) ii. and 38 (

f) of the Y.P.A.; [ 21 ] ORDERS that the child be entrusted to his mother; [ 22 ] ORDERS that frequency and modalities of contacts between the child and his father be agreed upon among all parties taking into consideration the wishes, the desire and the interest of the child; [ 23 ] ORDERS the child to attend school regularly; [ 24 ] ORDERS that the child to engage in counselling with mother ,making every effort to promote his attendance;

[ 25 ] ORDERS the mother to support the child with appointments with professionals; [ 26 ] ORDERS the mother to remain sober in the presence of the child; [ 27 ] ORDERS the mother to ensure that the child is not exposed to any person under any intoxicating substance; [ 28 ] ORDERS the mother to ensure that the child is not exposed any form of violence; [ 29 ] ORDERS the mother to continue to receive her services with NNADAP; [ 30 ] ORDERS the mother to enroll into treatment for substance abuse and upon completion, to enroll in a relapse prevention; [ 31 ] ORDERS the mother to seek help for her personal issues; [ 32 ] ORDERS the mother to seek help for her parental capacities; [ 33 ] ORDERS the mother to continue to establish house rules as situation warrants; [ 34 ] ORDERS the child to respect the rules of the home; [ 35 ] AUTHORIZES the Director of Youth Protection to obtain and share information from all services providers working with the child and the child’s family as to their progress and attendance; [ 36 ] ORDERS aid, counselling and assistance be provided to the child and the child’s family; [ 37 ] The whole, for a period of one (1) year, until January 10 th , 2024; [ 38 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Magdalena Lempicka Attorney for the Director of Youth Protection M e Nathalie Malo Attorney for the father Mother present, not represented M e Marie-Josée Ayoub Advocate for the child Date of hearing : January 10 th , 2023 Last exhibit: D-4