2021 QCCQ 17049, 2021 QCCQ 17049

Protection de la jeunesse — 217564 2021 QCCQ 17049 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002719-216 DATE: October 4, 2021 ______________________________________________________________________ PRESIDING:THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X born on [...], 2010 [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection A, having a place of business at […]; Applicant and A, residing and domiciled at […] Mother and B, residing and domiciled in […]; Father ______________________________________________________________________ JUDGMENT (Section 38 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 declare that the security and development of the child X , born on [...], 2010, are in danger pursuant to

section 38

a) of the Youth Protection Act . POSITION OF THE PARTIES [ 2 ] The mother is present and represented. She recognizes that the security and development of her child are in danger under

section 38 (

a) of the Youth Protection Act. She admits all the facts alleged by the DYP in his application and agrees with the measures. [ 3 ] The father is not present nor is he represented. [ 4 ] With respect to the father, the Court heard the evidence presented by [Social Worker 1] from the DYP. He testified to the fact that even if the father was not officially served the actual application, he was aware of today’s hearing, since Mr. [Social Worker 1] personally told the father about it on September 23, 2021.

Furthermore, Mr. [Social Worker 1] testified to the many steps he took to reach the father again before today, but with no success. [ 5 ] Therefore, the Court DECLARES that it has jurisdiction to proceed in the absence of the father. [ 6 ] The child is absent, but he is represented. He is aware of his mother’s situation and medical condition and he understand that she cannot care for him right now.

Consequently, he agrees with the measures. [ 7 ] Indeed, he expressed that he is happy at the foster home of C and he does not wish to change family. [ 8 ] Considering the admissions and the documentary evidence filed by the Director in support of his application, the Court is also of the opinion that the measures suggested are in the best interest of the child. Contexte [ 9 ] The father and the mother adopted the youth and separated not long after. From that point on, the father ceased to be interested in his son’s life.

His absence in Court today is an eloquent demonstration of that fact. [ 10 ] The mother is struggling with alcohol issues that have affected her ability to care adequately for her son. [ 11 ] That being said, while driving under the influence of alcohol, she was the victim of a severe four-wheeler accident in July 2021. She was sent to a hospital A where she was treated for severe injuries.

[ 12 ] According to the evidence presented in Court, it is likely that she will not be able to come back to the North and it is also likely that she will not be able, in the future, to take care of her son. FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of X, born on [...], 2010, are in danger pursuant to

section 38(

a) of the Youth Protection Act ; [ 15 ] ORDERS that the child be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 16 ] RECOMMENDS that the child be entrusted to C; [ 17 ] ORDERS that contacts between the child and his mother be determined by the Director as to its terms, frequency and degree of supervision; [ 18 ] ORDERS that the child and the child’s mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until October 4, 2022; [ 20 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 21 ] ORDERS the police to collaborate in enforcing the judgment; [ 22 ] The whole for one year, until October 4, 2022. __________________________________ CHRISTIAN LEBLANC , J.C.Q.

Me Justine Carli, counsel for the Director of Youth Protection Me Cassandra Neptune, counsel for the child Me Angele Tommasel, counsel for the mother B, father, not represented Date of hearing: October 4, 2021