2020 QCCQ 14730, 2020 QCCQ 14730

Protection de la jeunesse — 207459 2020 QCCQ 14730 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-41-000604-197 DATE: November 9, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2006 Adolescent and A and B Parents/Respondents ______________________________________________________________________ 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 ] About one year ago, the Court grants an application for protection and entrusts the adolescent and his sisters to their maternal grandmother. [ 2 ] At the time, the children suffer from neglect in regard to education while under their mother’s care. The mother has serious issues to deal with.

She cannot take adequate care of her children and fulfill their needs on a daily basis. [ 3 ] The director of youth protection (DYP) now asks the Court to extend the application of protective measures while the children remain entrusted to the grandmother. The children, through their counsel’s voice, agree with the DYP. Neither the mother nor the father is present in court. [ 4 ] Following the hearing, the Court renders judgment orally, granting the application.

Here are the reasons supporting that decision. [ 5 ] The evidence reveals that we cannot foresee that the mother would take her children back. [ 6 ] The mother has very little contact with the children. She sees them for the first time in months, last March, when the extended family gathers together at a funeral. The only other meeting takes place on a short camping trip during the summer.

The grandmother organizes the trip and is present at all time with the children while they are in the company of the mother. [ 7 ] Otherwise, the children communicate with the mother on social media. [ 8 ] The mother does not involve herself in the follow-up provided by the DYP. The social worker has a hard time trying to get in touch with the mother. [ 9 ] The father has contact with his son on a regular basis. The adolescent is happy to spend time with his father and wishes to live with him eventually. However, the grandmother doubts that the father is able to take care of the adolescent on a full-time basis.

The Court believes that we should know more about the father’s capacity and willingness to assume custody before undertaking steps to move the adolescent. [ 10 ] Fortunately, the grandmother is able to provide the children with a stable, healthy and safe environment. She has always been involved in their lives and is a significant attachment figure. The grandmother is committed to take care of her grandchildren on the long term. She has renovated her house in order for them to have their personal space.

[ 11 ] The grandmother struggles to get health care for the children and the fact that she cannot provide parental authorizations is challenging. The mother does not show any cooperation on that topic either. Therefore, the Court will authorize the grandmother to exercise part of the parental authority. FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] REVISES AND EXTENDS the Court order rendered on November 19, 2019; [ 15 ] ORDERS that the adolescent be entrusted to his maternal grandmother, Mrs.

C; [ 16 ] ORDERS that contacts between the adolescent and his father be determined following agreement between the parties; [ 17 ] ORDERS that contact between the adolescent and his mother be determined following agreement between the parties, including their supervision as long as deemed necessary; [ 18 ] AUTHORIZES that the adolescent can benefit from extended stays with his father; [ 19 ] WITHDRAWS from the mother the exercise of her parental authority regarding medical clearance, school authorities, social and other permission including a passport application and ALLOWS the maternal grandmother, Mrs.

C, to sign in the place of the mother; [ 20 ] ORDERS that the parents and the adolescent actively participate in the measures ordered to put an end to the situation of endangerment; [ 21 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until August 30, 2021; [ 22 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 23 ] ORDERS the parties to abide by the present order. __________________________________ JANICK POIRIER, J.C.Q.

Me Myriam Dufresne for the applicant Me Mylène Murray for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on November 13, 2020