2018 QCCQ 12903, 2018 QCCQ 12903

Protection de la jeunesse — 183426 2018 QCCQ 12903 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-007531-140 DATE : June 26, 2018 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection of A Applicant -and- X , born on […], 2003 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Article 95(1) of the Youth Protection Act ______________________________________________________________________ JM2505 CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] T he Director of Youth Protection (the Director) petitions the Court with an Application for Extension of a Court decision dated June 8, 2017. [ 2 ] Following this decision, the Court ordered that the child be entrusted to an institution operating a rehabilitation center until June 30, 2018.

The Court also ordered that the contacts between the child and his mother be following agreement between the parties and that the contact with the father be determined by the Director as to the frequency, the modalities and the level of supervision. [ 3 ] Today, the Director recommends to entrust the child to his father and that the contacts with the mother be following agreement between the parties.

The Director also recommends that a person working for an institution or body provides aid, counselling or assistance to the child and his family for a period of six months. [ 4 ] The Director has no longer a working telephone number to reach the mother. Apparently, she is no longer living in Town A. The mother cannot be reached. Consequently, the Court will proceed in her absence. [ 5 ] The father and the child agree with the conclusions sought by the Director. [ 6 ] Following the Court decision, the child returned to the Unit A.

On July 6, 2017, he was transferred to the Unit B. [ 7 ] At Unit B, the behaviour of the child was unstable. It has been reported that X could present as rude, disrespectful, challenging to staff, often testing boundaries and always wanting to debate. [ 8 ] In March 2018, the child was placed under intensive supervision because he was bullying another boy in the unit. In April 2018, X was transferred to the unit C. [ 9 ] X reconnected with his father in September 2017. He spent the Christmas Holidays at his father’s residence in Town B.

[ 10 ] The contacts between the child and his father are positive. [ 11 ] The situation of the father is stable. [ 12 ] The father feels that since his son was removed from his care, his life has been extremely chaotic. [ 13 ] Concerning the mother, she registered herself into a treatment facility for substance abuse in August 2017 and also in January 2018 after the death of the maternal grandfather. [ 14 ] After a few weeks, the mother unregistered herself from the facility and since then, the Director has not had any contact with her. [ 15 ] Since the last Court hearing, the mother had minimal and very sporadic contact with X . [ 16 ] The Director mentions that the mother does not have the time nor the energy to devote to being a full-time mother.

ANALYSIS [ 17 ] The child wants to live with his father. [ 18 ] The father can offer a safe, secure and stable environment to his son. [ 19 ] His intentions of taking care of X has never deviated. The father offers full collaboration. [ 20 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations. [ 21 ] The measures proposed are in the best interest of the child.

FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and the development of the child X are still in danger; [ 24 ] REVISES AND EXTENDS the Court order rendered on June 8, 2017; [ 25 ] ORDERS that the child be entrusted to his father; [ 26 ] ORDERS that the contacts between the child and his mother be following agreement between the parties; [ 27 ] ORDERS that the parents report periodically to the Director of Youth protection on the measures they apply in their own regard or their child’s regard to put an end to the situation in which the security and development of the child are in danger; [ 28 ] ORDERS that the child and his parents take an active

part in the application of the measures ordered; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and his family; [ 30 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of A for the execution of the judgment to intervene; [ 31 ] THE WHOLE , for a period of six months. __________________________________ Lyne Morin , J.C.Q. Me Audrey-Ann Monière Attorney for the Director Me Nicholas Teasdale Attorney for the child Date of hearing : Signed judgment : June 26, 2018 June 27, 2018