2018 QCCQ 15377, 2018 QCCQ 15377

Protection de la jeunesse — 185941 Protection de la jeunesse — 185941 2018 QCCQ 15377 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” N° : 610-41-000786-186, 610-41-000789-180, 610-41-000788-182, 610-41-000787-184 DATE : August 17, 2018 ____________________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ____________________________________________________________________________ IN THE MATTER OF: X , born on [...], 2004 Y, born on [...], 2010 Z, born on [...], 2009 A, born on [...], 2007 [SOCIAL WORKER 1] , exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...] Applicant and B, domiciled and residing at [...] Mother ____________________________________________________________________________ JUDGMENT (Sections 38 & 75 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 offence and is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection filed an application to have the security and development of X, born on [...], 2004, Y, born on [...], 2010, Z, born on [...], 2009, and A, born on [...], 2007, declared endangered . [ 2 ] The Director of Youth Protection is recommending that the children be entrusted to the maternal grandmother, Mrs. C and the maternal grandfather, Mr. D. [ 3 ] The applicant, Mrs [social worker 1], met the mother at the courthouse and gave her some documents to read.

The mother said that she would go and read the documents outside of the courthouse. Mrs [social worker 1] looked for the mother but she had left the courthouse without advising Mrs. [social worker 1]. She tried to reach the mother by email (the mother has no phone) but she was unsuccessful. [ 4 ] Me Ouellette who represents the children agreed that it was in their best interest that all the files proceed. [ 5 ] Me Ouellette for X (the eldest) agreed with the recommendations of the applicant but had no admissions concerning the other children considering their age.

EVALUATION OF THE SITUATION [ 6 ] In the past, the children were the object of a judgment rendered by the Court of Quebec, Youth division, because their parents had difficulties, among others, to meet the basic needs of the children. The measures of that judgment ended in May 2013. [ 7 ] The father passed away in 2015. X was living with the mother.

As for the younger children, they’ve been living with the maternal grandparents since at least three years. [ 8 ] At the end of October 2017, the Director received a new report regarding X asserting that the mother had difficulties to meet his basic needs such as clothes cleanliness and failure to ensure his schooling.

[ 9 ] The police of the reserve in Town A advised the Director of the Youth Protection that the mother hangs around with people known to be alcohol and drug users. She is presently involved in a conjugal relationship with Mr. E. He is known to have severe addiction difficulties and also a history of conjugal violence. SITUATION OF X [ 10 ] He often arrives late at school, does not do his homework and he is presently failing almost all the subjects. He has a learning disability. He is on a modified program to fit his needs. [ 11 ] On April 19, 2018, X was entrusted to his maternal grandparents under

section 76.1 of the Youth Protection Act. Since then, his attendance in school has improved. The adolescent admits that he began to consume drugs and alcohol. [ 12 ] The school is still waiting for the mother’s signature in order to refer the adolescent, Braxton, for an assessment by a speech therapist.

SITUATION OF Y [ 13 ] A psychoeducational assessment was made in 2016 confirming the presence of a mild intellectual delay and intellectual disability and query of ADHD and autism spectrum disorder. [ 14 ] A speech language assessment was made in 2016, as well confirming moderate to severe delays in all areas of language development. [ 15 ] Unfortunately, medical follow-up and other services have not been put in place because the mother did not provide the necessary information and signatures to the maternal grandparents. SITUATION OF Z [ 16 ] Z is an eight-year-old girl.

She does not have any health issues or physical disabilities. She is currently in third grade in regular class. She has no leaning difficulties and she is doing well in class. SITUATION OF A [ 17 ] A is 11 years old. He has limitations with speech and language which affect his learning speed and capacities. He is currently on an IEP (Individual Educational Plan) to adapt his learning methods. His progress was constant but the school would still like for him to be assessed by a speech language therapist this year.

Even if the grandmother compensates for the mother’s lack of involvement, the school still needs the mother consent and authorization to begin the assessment. [ 18 ] The maternal grandparents agree to keep all the children at their place. They mention that they need to have access to relevant information regarding the children in order to make sure that they receive all the services that they need. ANALYSIS [ 19 ] The mother left the courthouse before the hearing. She is less and less involved in the life of her children. The mother denies using any drugs.

The applicant notice that her behaviours suggest a relapse and possible use of opioids, falling asleep, not wanting to show her forearms and hanging out with people who have this type of consumption. [ 20 ] X has been living with his maternal grandparents since April 2018 and wants to continue living with them. [ 21 ] The younger children have been living with their maternal grandparents for more than three years. It is in their best interest that they continue living with their maternal grandparents. [ 22 ] The maternal grandparents play a big role in the children’s lives.

They are providing everything for them without the mother’s financial or moral support. [ 23 ] It is important that the maternal grandparents be authorized to exercise certain attributes of parental authority so that they can sign documents to authorize services for the children.

FOR THESE MOTIVES, THE COURT: [ 24 ] GRANTS the application for all the children; [ 25 ] DECLARES the security and development of the children as being compromised; [ 26 ] ORDERS that all the children be entrusted to the maternal grandmother C and the maternal grandfather D and if they are declared proximity foster family that the children be entrusted to them; [ 27 ] ORDERS that the contacts between the children and the mother be planned with the Director of Youth Protection as to the frequency, duration and modalities and in the presence of a third party if judged necessary; [ 28 ] ORDERS that the children’s mother take an active

part in the application of any measures ordered by the Court; [ 29 ] ORDERS that the mother seek a drug addiction evaluation and follows the recommendations of the professional;

[ 30 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the children and the children’s family; [ 31 ] ORDERS that the mother reports at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 32 ] ORDERS that the children receive specific health care and health services; [ 33 ] ORDERS that the exercise of certain attributes of parental authority (medical, school and sports activities) be withdrawn from the mother and granted to the maternal grandmother and the maternal grandfather; [ 34 ] ORDERS that the maternal grandparents authorize the exchange of relevant information between professionals; [ 35 ] ORDERS , in the case of X and Y , that they receive speech and language assessments and a follow up if needed; [ 36 ] ORDERS, in the case of X , that he continues to seek counselling to address the death of his father as long as deemed necessary by the providing professional; [ 37 ] ORDERS that X continue his medical follow-up with the pediatrician and that he respects the recommendations; [ 38 ] ORDERS that Y be seen by a pediatrician and that the professional’s recommendations be respected; [ 39 ] All those measures applied for a period of 18 months; [ 40 ] ORDERS any police body to collaborate for the purpose of executing this present enactment; [ 41 ] ENTRUSTS the children’s situation to the Director of Youth Protection for the execution of the present judgment. __________________________________ MARC E.

GRIMARD, J.C.Q. M e Julie Lemire Counsel for the applicant M e Daniel Ouellette Counsel for the children Date of hearing: June 27, 2018