2017 QCCQ 946, 2017 QCCQ 946

Protection de la jeunesse — 17223 2017 QCCQ 946 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000529-161 DATE: January 6, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2004 Child -and- A -and- B Parents ______________________________________________________________________ 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 Director of youth protection (DYP) asks the Court to declare that the security or development of the child is in danger. Her brother is aimed by the same application. [ 2 ] In regards to the recommendations proposed, the DYP made an amendment to entrust the child to her father. [ 3 ] At the hearing, the father is present but unrepresented. He wishes to proceed without any counsel. He agrees on the facts of the application and also with the amended measures proposed by the DYP.

Moreover, he consents to the filing of the report to value the testimony of their author. [ 4 ] Concerning, the mother, she is also present but not represented by a lawyer. She wants to proceed without counsel. Despite, her denial or disagreement concerning certain parts of the psychosocial report prepared by the youth delegate involved in the file, she agrees with the fact of the application and also with the measures proposed by the DYP.

Moreover, she consents to the filing of the report to value the testimony of their author. [ 5 ] On November 13, 2016, the mother was admitted at the hospital, at the time she was intoxicated. [ 6 ] On November 21, 2016, an immediate measure was taken entrusting the child to a foster family. On November 23, 2016, an extension of the order was granted. [ 7 ] In November 30, 2016, an order was rendered entrusting the child to a foster family until January 6, 2017. [ 8 ] The mother suffers from health problems and psychotic episodes for which she has been hospitalized sporadically.

She is unstable and seems disorientated or overwhelmed at times. She also is addicted to drugs. She remarried with another man who also has an addiction problem. Moreover, during their common life, the child was exposed to domestic violence between them. [ 9 ] The mother testifies at the hearing and she expresses her discontent or the inaccuracy of the report. She explains briefly that she disagrees namely with the sections about family history and the versions of the facts. [ 10 ] She testifies that she will be attending in January, the A Healing Lodge […] treatment center for her addictions.

The treatment last four weeks. [ 11 ] The child is twelve years old. Since the beginning of the proceeding, she has been entrusted to her mother’s aunt. She is doing

well and benefits from a structured environment in which she made progress regarding her school attendance. [ 12 ] The father is also involved in his daughter’s life. His environment is suitable and appropriate to receive her. They have a good relationship, and she can discuss with him about different matters. She wishes to live with him, even if she has to change her whole surroundings such as school, friends and more especially not being able to see her brother as often. [ 13 ] In order to help her during her transition between her actual place and her father’s place.

Services could be put in place regarding school. In addition, arrangements will be made to have visitations with her brother, her mother and the family. Overall, she feels happy to go live with her dad. [ 14 ] The child is vulnerable, as said previously; she needs a secure surroundings and some stability. At the moment, the mother is not able to provide such an environment or care for her child’s needs, but her father can. [ 15 ] The evidence demonstrates that the security and development of the child are in danger.

Under the circumstances and considering the admission and consent of the parties, the application is well founded. The suggested measures appear to be in the best interest of the child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and development of X are in danger according to

section 38 of the youth protection act ; [ 18 ] ORDERS that the child be entrusted to her father until June 30, 2017; [ 19 ] ORDERS that the contacts between the child and her mother be determined after an agreement between the parties; [ 20 ] ORDERS that the child and her parents participate in external education services; [ 21 ] RECOMMENDS that the mother participates in an addiction assessment, treatment, counselling and follow-up; [ 22 ] ORDERS that the mother actively participates in a personal and parental psychological assessment; [ 23 ] ORDERS that neither parents talk negatively about the other parent in the presence of the child; [ 24 ] ORDERS that the child and her parents actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 25 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until June 30, 2017; [ 26 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother Mr. B the father Date of hearing: January 6, 2017 Written judgment filed on January 16, 2017