2017 QCCQ 10578, 2017 QCCQ 10578

Protection de la jeunesse — 174119 2017 QCCQ 10578 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000407-164 DATE: June 5, 2017 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2001 Adolescent 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 ] The director of youth protection (DYP) asks the Court to revise and extend a previous judgment.

Both mother and adolescent's counsel admit that the situation still requires the application of protective measures and consent to recommendations sought by the DYP. [ 2 ] The situation revealed by the evidence is the following. [ 3 ] Last July, the Court notably orders that the adolescent be entrusted to his mother. [ 4 ] However, the mother's situation remains unstable and it has an impact on the adolescent. [ 5 ] Mid-November, 2016, the mother moves to Alberta with her son, leaving her spouse behind.

She advises neither the school nor the DYP of her move. [ 6 ] While living in Alberta, the adolescent contacts his mother's spouse, Mr. C, on numerous occasions, asking him to come and bring him back. [ 7 ] On February 22, 2017, the mother and the youth come back to this area to live with the mother's spouse and his grandson. The mother tells the DYP she decided to move to [A Province] in order to put an end to her methadone program and because she felt depressed after losing custody of her younger children. [ 8 ] When moving to and back from [A Province], the adolescent is not in school for several weeks.

That is troubling, as the youth shows major learning disabilities. The Court has to conclude that the mother demonstrates very little interest for her son's schooling. [ 9 ] Obviously, neglect remains an issue that the mother has to deal with. The youth is vulnerable and the situation has a significant impact on him. On her own, the mother cannot take care of him properly. [ 10 ] There is a good bond between the youth and his mother's spouse. The latter is able to take care of the adolescent. He plays a positive role, reassuring the youth about services put in place by professionals.

The mother's spouse appears able to provide support and security to the adolescent. [ 11 ] Under the circumstances, it is in the youth's best interest that he be entrusted to Mr. C. The application is well founded.

WHEREFORE, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] ORDERS that the adolescent be entrusted to his step-father, Mr.

C, until May 31, 2018; [ 15 ] ORDERS that contacts between the adolescent and his mother take place according to an agreement between the parties; [ 16 ] ORDERS that contacts between the adolescent and his father take place according to an agreement between the parties and be supervised as long as deemed necessary by the DYP; [ 17 ] ORDERS that the adolescent receive all the services his situation requires, including a psychological assessment and follow-up as long as deemed necessary by the professionals; [ 18 ] ORDER that the adolescent receive all medical follow-up his situation requires; [ 19 ] ORDERS that the adolescent and his parents benefit from external educator services as long as deemed necessary by the DYP; [ 20 ] RECOMMENDS that the mother submit herself to random urine drug screening tests; [ 21 ] RECOMMENDS that the mother receive professional assistance from a substance addiction's counselor; [ 22 ] RECOMMENDS that the mother receive professional assistance for her personal difficulties; [ 23 ] RECOMMENDS that the mother meet regularly with the DYP; [ 24 ] ORDERS that the mother keep her son aside from any adult's conflicts; [ 25 ] RECOMMENDS that the mother doesn't denigrate the father in front of her son; [ 26 ] ORDERS that the adolescent's mother and Mr.

C be involved actively in all measures ordered by the Court to put an end to the compromising situation; [ 27 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until May 31, 2018; [ 28 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Annie Dupuis for the adolescent Me Alexis Deschênes for the mother Mr. B

the father (absent) Written judgment filed on June 16, 2017