2018 QCCQ 17334, 2018 QCCQ 17334

Protection de la jeunesse — 188397 2018 QCCQ 17334 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31000-169 Date: November 12, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2007 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 12, 2018, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on October 4, 2017, whereby the now eleven year-old child, X , was entrusted to his paternal grandmother with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for extension dated August 2, 2018, are as follows: 3.1. since the court order, the child has remained in the care of his paternal grandmother; 3.2. the paternal grandmother, Ms.

C has had surgery and has been sick several times, some of which involved hospitalization; 3.3. during these times, the parents were helping to ensure the child’s care; 3.4. the father initially was open to receive inpatient services at Center A, however, in January 2018, he declined said services given he no longer felt it was needed; 3.5. shortly after court, the father moved out of the paternal grandmother’s home, however he continued to see the child daily until March 2018; 3.6. in March 2018, the father was arrested subsequent to a warrant, he is presently incarcerated awaiting his trial in September 2018; 3.7. the mother has not followed through to receive therapeutic services; 3.8. the child has continued until recently to have weekend visits at his mother’s home; 3.9. concerns exist that the child may have been exposed to conjugal violence between the mother and her boyfriend, Mr.

D; 3.10. at this time, the mother is no longer in a relationship with Mr. D and she has moved in with friends;

3.11. since her move, the mother has been visiting the child in the paternal grandmother’s home or taking him on outings; 3.12. given the parents’ ongoing difficulties and lack of stability, the child’s placement in the paternal grandmother’s care needs to be extended (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the foster home of his paternal grandmother, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, though informed of the hearing, failed to appear.

The worker testified that she is out of town but expressed her consent to the proposed measures. Consequently, the Court proceeded in her absence. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, admitted all the alleged facts and also consented to the proposed measures. [ 7 ] Me James, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibit D-5 as evidence: D-5: 95 Court Report, prepared by [social worker 1], dated July 11, 2018. [ 9 ] In

summary, the evidence establishes that neither parent is in a position to care for the child. [ 10 ] The father remains incarcerated awaiting his trial. [ 11 ] The mother sees the child regularly on weekends but does not appear to have taken any steps to offer the child the stability and security that he needs on a daily basis. [ 12 ] In addition, there are concerns regarding conjugal violence in the mother’s relationships. [ 13 ] As for the child, he “appears to be happy in the care of Ms.

C” [2] . [ 14 ] Despite her own health issues and the many challenges involved in raising a child who suffers from autism, the paternal grandmother remains committed to caring for her grandson for as long as necessary. [ 15 ] She has made sure that his basic needs are met: X continued to make significant progress in his development and all of his previously neglected needs (medical, dental and optometry) had been rectified since being in the care of Ms. C [3] . [ 16 ] However, she is coping with significant stressors and support and respite are needed: Ms.

C has expressed that she is overwhelmed with the events that have occurred, including moving, having a family member who was stabbed in [province A], and the warrant out for her son’s arrest. She has also been sick quite often and is very tired. Ms. C has been meeting the needs of X, but has expressed that she feels she is not at her best. Ms.

C does not wish for X to be placed elsewhere, but is open to receiving support and respite. [4] [ 17 ] The grandmother also emphasized the need for extra-curricular activities that could provide the child with opportunities to socialize with his peers as she worries that he feels lonely and isolated. [ 18 ] Such services for autistic children are especially difficult to find and the Director of Youth Protection undertakes to offer support in identifying appropriate resources. [ 19 ] Under the circumstances, given the evidence, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 22 ] ORDERS that the child remain entrusted to the foster home of his paternal grandmother, Ms.

C; [ 23 ] ORDERS that the frequency and modality of contacts between the child and his father be determined by the Director of Youth Protection, including supervision if deemed necessary, for as long as the father remains incarcerated; [ 24 ] Should the father be released, ORDERS that the frequency and modality of contacts between the child and his father be determined by agreement between the Director of Youth Protection, the father and the paternal grandmother taking into account the wishes and interest of the child; [ 25 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by agreement between

the parties, including the Director of Youth Protection; [ 26 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to the paternal grandmother, Ms.

C, regarding any consents required for the child’s health care services, school services, travel and extra-curricular activities; [ 27 ] RECOMMENDS that the parents take steps to resolve their personal issues; [ 28 ] TAKES JUDICIAL NOTICE of the grandmother’s request for support in identifying extra-curricular activities where the child can interact with his peers; [ 29 ] TAKES JUDICIAL NOTICE of the Director of Youth Protection’s undertaking to assist the grandmother in identifying such services as soon as possible; [ 30 ] ORDERS that the Director of Youth Protection be authorized to obtain and share relevant information with professionals working with the family regarding participation and attendance; [ 31 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family; [ 32 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 33 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 34 ] THE WHOLE for a period of one year.

Signed on November 22, 2018 TAYA DI PIETRO, Q.C.J. Me Angela Nevard Attorney for the Director of Youth Protection Me Luce James Attorney for the child TD/vl