2023 QCCQ 8349, 2023 QCCQ 8349

Protection de la jeunesse — 232333 2023 QCCQ 8349 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N° : 505-41-010255-208 DATE : May 18, 2023 ______________________________________________________________________ PRESIDING : THE HONOURABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...] , 2009 Child -and- A Mother -and- B Father ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the “Director”) presents an Application for Revision and Extension of a Court Decision concerning the children Y and X. [ 2 ] On November 3, 2022, the children are entrusted to the kinship foster family, Ms. C (paternal grandmother) and her partner Mr. D for a period of one year.

The Court orders that the contacts between the children and their mother be following agreement between the parties concerning the modalities and the degree of supervision. [ 3 ] On March 27, 2023, the children are provisionally entrusted to a readaptation center. [ 4 ] As main measures, the Director recommends that the children be entrusted to their paternal grandmother for a period of six months and that the children participate actively to the measures namely: ● That the children engage in Community Services A and follow recommendations. ● That the children participate in random drug testing. ● That the children engage in Wilderness Skills Program A and follow recommendations.

● That the children participate in tutoring services until they are enrolled in school in the upcoming academic year, at which time they agree to go to school on a regular basis. [ 5 ] Both parents are absent. [ 6 ] The children agree with the measures. CONTEXT AND ANALYSIS [ 7 ] Since the last Court order, the children’s behaviours towards their grandmother have been challenging. [ 8 ] Y continues to struggle with his grandmother’s house rules and structure. He also consumes drugs and alcohol. On January 9, 2023, he is expelled from School A for being under the influence of drugs.

On March 22, 2023, the Town A Peacekeepers indicate that the child is at home extremely intoxicated, face down on the floor and incoherent. The child is transported to the Town A Children’s Hospital. Traces of alcohol are found in his blood sample. The child admitted to stealing money from his grandmother. [ 9 ] Y was admitted to Center A. He says that substance abuse had an impact on his development and that he was putting himself at risk. The short-term goal is to develop and maintain a healthy lifestyle routine. The framework, the rules and the consistency of the adult’s interventions are beneficial to him.

The child is actively participating in sessions with his Addictions response worker. [ 10 ] X was entrusted to the Group Home A from December 2021 to July 2022. Since he returned to his grandmother’s care, he disobeys her rules and consumes marijuana. On January 9, 2023, he is expelled from School A for being under the influence of drugs. His consumption has increased over the past months, and he was caught smoking marijuana in the grandparent’s basement.

The grandmother states that the youth’s behaviours are out of control, and she is uncertain if she can continue to care for him. [ 11 ] X was admitted to Center B. It is a French unit, so the child had difficulties understanding the rules and communicating. The child also participates very well in sessions with his Addictions response worker. Good progress is observed. [ 12 ] The grandmother took the children for the weekend in May.

Both children signed a behavioral contract which indicated rules and expectations for the visits. [ 13 ] The mother has been inconsistent in the lives of her children for over two years. The last contact occurred on Christmas 2022. [ 14 ] The father is still working in the United States and comes home on weekends. [ 15 ] The situation of the children remains fragile. They struggle with feelings of abandonment as well as the inability to live with either of their parents. Their behaviors, specifically their marijuana use remain a major concern.

The Director suggests several measures to assist the family. [ 16 ] Given the admissions and the content of the reports, the Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the interest of the children. FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of the child are still in danger; [ 19 ] REVISES the Court order rendered on November 3, 2022; [ 20 ] ORDERS that the child be entrusted to the kinship foster family of the grandmother, Ms. C and her partner Mr.

D; [ 21 ] ORDERS that the contacts between the child and the father be following agreement between the parties; [ 22 ] ORDERS that the contacts between the child and the mother be following agreement between the parties and with the presence of third person designated by the Director; [ 23 ] AUTHORIZES partially or totally the lift of the supervision according to an agreement between the parties; [ 24 ] ORDERS that the child and the parents participate actively to the measures namely: ● That the child engages in Community Services A and follow recommendations. ● That the child participates in random drug testing. ● That the child engages in Wilderness Skills Program A and follow recommendations. ● That the child participates in tutoring services until they are enrolled in school in the upcoming academic year, at which time they agree to go to school on a regular basis. [ 25 ] ORDERS that the parents and the child meet with their caseworker on a regular scheduled basis to update their situation; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and their family; [ 27 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother and AUTHORIZES the father to sign

alone the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport driving lessons and driver’s licence; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment; [ 29 ] THE WHOLE for a period of six months. __________________________________ Lyne MORIN, J.C.Q. Mtre Karine Nantais Counsel for the Director of Youth Protection Mtre Kelly Ann Sinnett Counsel for the child Hearing date : May 18, 2023