2021 QCCQ 17047, 2021 QCCQ 17047

Protection de la jeunesse — 217548 2021 QCCQ 17047 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002197-181 DATE: October 4, 2021 ______________________________________________________________________ PRESIDING: THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2015. [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 at […] 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review and extend a decision rendered on September 1, 2020 by Guy Lacombe, J.C.Q. regarding the child X , born on [...], 2015 .

On that date the Court declared the security and development to be still in danger and entrusted the child to his father. [ 2 ] The Director submits that the situation makes it possible to maintain the child with his father and that the placement should be extended until September 30 th , 2022. [ 3 ] Indeed, they argue that the mother’s situation has not improved and that the father still needs support to offer a safe and appropriate environment for his son.

Position of the parties [ 4 ] At the hearing, the father was not present, but he was represented. [ 5 ] As for the mother, she was not present or represented. [ 6 ] On that matter, [Social Worker 1], from the DYP, testified to the fact that she personally served the mother the Court documents on September 22, 2021. [ 7 ] After that date, it appears the mother left for [Town A] without telling the DYP where to find her. [ 8 ] Ms. [Social Worker 1] does not know the whereabouts of the mother and the emails she sent her were not answered. [ 9 ] Therefore, the Court DECLARES that it has jurisdiction to proceed in the absence of the mother. [ 10 ] The father and his son, through their respective counsel, inform the Court that they agree with the measures recommended by the DYP, namely that the child remain with his father. [ 11 ] Considering the evidence heard, the documentary evidence filed, and considering the consent expressed by the parties present at the hearing, THE COURT: [ 12 ] GRANTS the application;

[ 13 ] REVISES the decision or order rendered on September 11, 2020; [ 14 ] DECLARES that the security and development of the child are still in danger; [ 15 ] ORDERS that the child remains with the father until September 30, 2022; [ 16 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 17 ] ORDERS that the child’s parents take an active

part in the application of any of the measures ordered by the Court; [ 18 ] RECOMMENDS that the mother seeks help through Social Services concerning her anger management issues; [ 19 ] ORDERS that the child’s mother report to the Director in person, at regular intervals, to inform him of the current situation; [ 20 ] ORDERS that contacts between the child and the mother be determined by the Director as to the terms, frequency and degree of supervision; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family, until September 30, 2022; [ 22 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] ORDERS the enforcement of this judgment by any police officer; [ 24 ] The whole until September 30, 2022. __________________________________ CHRISTIAN LEBLANC , J.C.Q.

Me Justine Carli, counsel for the Director of Youth Protection Me Angele Tommasel, counsel for the child Me Michael Pereira, counsel for the father Mrs. A, mother, not represented Date of hearing: October 4 th , 2021