2018 QCCQ 19367, 2018 QCCQ 19367

Protection de la jeunesse — 1810810 2018 QCCQ 19367 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000710-167 DATE: October 31, 2018 (written judgment rendered on January 24, 2019) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2004 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and A, [...] Mother and B, [...] ______________________________________________________________________ JUDGMENT (Section 95 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 (DYP) asks the Court to revise a decision rendered on May 25, 2018, regarding the youth X, born on [...], 2004. At that date the Court declared the security and development still in danger and entrusted the youth to foster family until November 30, 2018. [ 2 ] The DYP submits that the situation does not allow to return the child to his parents and that the placement in a foster family, namely to Mr. C and Ms.

D (his uncle and aunt) has to be prolonged until X reaches his majority. Position of the parties [ 3 ] The mother is absent but represented by Me Neptune. She admits most of the alleged facts and she agrees with the measures. [ 4 ] Even if dully served, the father is absent and not represented. Considering the interest of the youth, the Court proceeds in his absence. [ 5 ] X who is now 14 years old is present and represented by Me Léonard. He admits most of the alleged facts and he agrees with the measures.

Historical situation [ 6 ] On March 14, 2014 , The DYP received and retained a report regarding X for physical abuse from the part of the father. On June 23, 2014, an agreement on voluntary measures was signed and it was renewed for a total of two years. [ 7 ] On June 14, 2016 , the situation of X was submitted to the Court. The mother displayed alcohol consumption issues. X who was 11 years old and his older sister frequently left the house to find a safer place to stay. The father was in detention and after his release it was planned that he would stay in a transition house in Town A.

The Court declared that the security and development of X were in danger [1] and maintained him under his mother’s care for one year. [ 8 ] On March 27, 2017 , the evidence showed that the children were living with the grandmother since June 2016. The mother was not reachable. She left for Town A and never went back. The father should be back to Town B in June 2017. The communication with the grandmother was difficult because she spoke only [Language A]. The DYP told the Court that it’s planned to meet the grandmother shortly.

The Court entrusted the child to a foster family. [ 9 ] On November 29, 2017 , the mother was still very unstable moving from Town A to Town B back and forth. She still displayed alcohol consumption issues, and she was involved in a violent relationship. The father also displayed consumption issues. The grandmother had health problems and was not able to take care of X and his sister anymore. X did not attend school regularly and he had

behavioural disturbances (violence, sexualized gestures). The Court entrusted the youth to a foster family until the end of March 2018. [ 10 ] On March 29, 2018 , the evidence showed that the father was getting better since Christmas 2017. He reduced his alcohol consumption issues. He asked to be involved in his children’s lives. He became a protective factor for them. The mother was still unstable and living between Town A and Town B. When she came in Town B, she stayed at the father’s place. She tried to address her consumption issues.

The Court entrusted the children to the father for one year. [ 11 ] On May 15, 2018 , the Court was seized with an application for revision because on April 11, 2018, while intoxicated, the father assaulted the children and threatened to stab himself and them. He told X to kill himself, or he would do it. The father was arrested and detained. The day after, the mother left for Town A. The Court entrusted the children to a foster family until the end of November 2018. Facts [ 12 ] Since April 11, 2018, X stays at his uncle and aunt’s place, Mr. C and Ms. D and everything is going very well.

X improved his attendance at school since his placement. He is part of the running club of Town B and he loves camping and fishing with his uncle. X is looking to find a part-time job. The adolescent would like to stay there and his uncle is available to take care of him until he reaches his majority. [ 13 ] The situation of the mother remains the same. She has irregular contact with her children. The father went back to Town B and exercised access rights with the children without previous authorization from the DYP. analysis [ 14 ] X found a safe and loving place to evolve.

His uncle is very close to him, and they develop strong bonds. The parents are not able to provide for the youth actually, and they know they won’t be in the future. X needs to stabilize himself in his actual environment. The Court has no hesitation to grant the requested measures. [ 15 ] As mentioned, X seems to develop well for now but the Court wants to remind that he lived many traumas during his childhood and the situation has to be monitored closely.

Even if X is entrusted until he reaches his majority, it’s important that the foster family know she can ask for help and counsel whenever she needs and that the DYP has to be proactive to offer support and to be vigilant of the evolution of the situation. FOR THOSE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and the development of the youth HX, born on [...], 2004, are still in danger; [ 18 ] ORDERS that the youth be entrusted in a foster family, namely to Mr. C and Ms.

D, until his age of majority; [ 19 ] ORDERS that the youth, the parents and the foster family take an active

part in the application of any of the measures ordered by the Court; [ 20 ] ORDERS that the youth, the parents and the foster family report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 21 ] ORDERS that the youth attend school on a regular basis; [ 22 ] ORDERS that the parents remain sober in the presence of the youth; [ 23 ] ORDERS that the parents refrain from all violent behaviour in the presence of the youth; [ 24 ] RECOMMENDS that the mother seek help with the resources available in her environment concerning her personal and substance issues; [ 25 ] RECOMMENDS that the father seek help with the resources available in his environment concerning his personal issues such as anger management and substance issues; [ 26 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS them to Mr.

C and Ms.

D, namely regarding health, school, extracurricular activities, travelling and passports if the parents are unable to give their consent in a timely manner; [ 27 ] ORDERS that the contacts between the youth and the parents be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 28 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth, the parents and the foster family; [ 29 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 30 ] THE WHOLE until [...], 2022.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Marianne Léonard, attorney for the youth Me Cassandra Neptune, attorney for the mother Date of hearing: October 31, 2018