2020 QCCQ 11385, 2020 QCCQ 11385

Protection de la jeunesse — 208294 2020 QCCQ 11385 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000666-203 DATE: December 9, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2013 Child and A and B Parents/Defendants ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] Alleging that the child suffers from neglect and psychological ill-treatment and that there is also a serious risk of neglect, the director of youth protection (DYP) asks the Court to order the application of protective measures. [ 2 ] In fact, the child is subject to protective measures, and notably entrusted to a foster family, since 2017.

The last judgment was not revised in due time, therefore the DYP seizes the Court with a new application for protection. [ 3 ] The DYP recommends that the child remain with his foster mother until he reaches his age of majority. Both parents, as well as child’s counsel, agree with this project. [ 4 ] Following the hearing, the Court renders an oral judgment, granting the application. Here are the reasons supporting that decision. [ 5 ] The parents deal with long-lasting personal issues, notably substance abuse. Conflict and violence are part of their relationship.

They cannot take care of children on a daily basis. Moreover, the father is rarely home. [ 6 ] The child and his younger brother are removed from their parents’ care three years ago. At first, the child lives with his grandmother. In February of 2018, the child is entrusted to his aunt, with whom his brother already resides. [ 7 ] The aunt commits herself to care for the child on the long-term. She does so as well in regard with his brother. She states that she loves her nephews as if they were her own children.

She respects the parents and thinks it is important they remain part of the child’s life. [ 8 ] Over time, the mother expresses her wish to overcome her addictions and be able to resume custody of her children. Unfortunately, the mother fails to reach that goal. Up to now, she remains passive and still blames others instead of taking action to try to solve her problems. [ 9 ] Very recently, while the child and his brother are visiting the mother, the latter is found passed out on the floor with no one to take care of the children.

That incident demonstrates the necessity to ensure the child’s safety by supervising contact. [ 10 ] The evidence convinces the Court that the application is well founded. The measures agreed upon by the parties meet the child’s best interest.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for protection; [ 12 ] DECLARES that the security and development of X are considered to be in danger according to sections 38b)1 o iii, 38b)2 o and 38c) of the youth protection act ; [ 13 ] ORDERS that the child be entrusted to the foster family designated by the DYP, namely the one of Ms.

C, until his age of majority, on [...], 2031; [ 14 ] ORDERS that contact between the child and his parents be determined according to an agreement between the parties and that they be supervised, as long as deemed necessary by the DYP; [ 15 ] ACKNOWLEDGES the parents’ consent and AUTHORIZES that the different professionals involved with the child and his parents exchange the relevant information, in the interest of the child; [ 16 ] AUTHORIZES Ms.

C to exercise the attributes of parental authority regarding medical authorizations, school authorizations, social and other authorizations, authorization for driving licence, a passport application, in case of impossibility to reach the parents in due time; [ 17 ] ORDERS the parents to be sober in the presence of the child; [ 18 ] ORDERS the parents not to expose the child to any form of violence; [ 19 ] PROHIBITS the parents from denigrating each other in the presence of the child; [ 20 ] RECOMMENDS the parents engage in psychological counselling in connection with their personal difficulties, including a drug addiction follow-up; [ 21 ] AUTHORIZES the maintenance of personal relationships of the child with his siblings and grandparents; [ 22 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 23 ] ORDERS that a person working in an organization or institution brings to the child as well as to his family, help, advice and support until [...], 2031; [ 24 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 25 ] ORDERS that the parties concerned by this order comply with it. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Me Alexis Deschênes for the mother

Mr. B the father Written judgment filed on December 11, 2020