2020 QCCQ 11151, 2020 QCCQ 11151

Protection de la jeunesse — 207952 2020 QCCQ 11151 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] « Youth Division » N° : 650-41-002204-127 DATE : November 30, 2020 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.Q.C. [INTERVENANTE 1] Person authorized by the Director of Youth Protection Applicant and X Child and A Mother and B Father 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 Tribunal is seized of a request for review of the situation in regard to the child X (8 ½ years old) . [ 2 ] On May 29 th 2018, the Court entrusts the child of Mrs. C, orders, among other things, that the parents stay sober in presence of the child and that they report periodically to the Youth Protection social worker to inform them of their situation. [ 3 ] Since the last order, the child is entrusted to Mrs.

C but he is neglected in terms of educational needs. [ 4 ] The problem was present during the last school years but the school closed in regard to the pandemic. Since the beginning of the present school year, the child is regularly late at school or he is missing school. [ 5 ] The child has some contact with his father in the community or when he visits him. [ 6 ] Sometime Mrs.

C is asking on Facebook if somebody saw the child that means he is neglected in terms of supervision. [ 7 ] The mother still has difficulties in regard to her stability and addiction problems. [ 8 ] The father seems to improve his situation but he neglects to collaborate with the youth protection. [ 9 ] The child’s uncle, who is the tutor of his twin brother is available to take the child in charge with them in Town A. [ 10 ] Until recently, the child was not very talkative about his living environment. Indeed, he considers Mrs. C as his mother. It was difficult for him to leave her.

However, he wants to reconnect with his twin brother. He misses him and wants to find him. [ 11 ] On November 5, an interim measures order ordered that the child be placed in the care of his uncle D in Town A. Since then, the youngster has integrated the environment of his uncle. His journey was marked by sadness, anguish and joy. [ 12 ] The lack of supervision in his previous environment brings its share of adaptations for the child. His foster parents need to educate him about this and that he cannot walk around on his own.

They also need to teach him to have a healthy routine such as getting to bed at the right time and that he cannot use his smartphone without parental supervision.

[ 13 ] His parents have little contact with him. His father is currently in the Town A area to escort a person in need of health care. As for his mother, she is in the community and her health is said to be stable after contracting tuberculosis. Parents do not participate in monitoring the application of measures. [ 14 ] Members of the family live close to the child, including his paternal grandparents, paternal uncle, and older brother Steven. [ 15 ] Contacts between the child and Ms.

C are maintained given the child's attachment to her. [ 16 ] The Court concludes that the security and the development of the child are still in danger because there is a serious risk of neglect due to the addiction problems and the instability of the parents and because he is neglected in terms of educational needs by the foster family. [ 17 ] The request, to which the parties consent, is in its interest and should be granted.

FOR THESE REASONS, THE COURT: GRANTS the application; REVISES and EXTENDS the last order; DECLARES that the security and the development of the child are still in danger; ORDERS entrusting the child to his uncle D and E for a period of twelve months; ORDERS that a person working for an institution or an organisation provides aid, counselling and assistance to the child and the child’s family for a period of twelve months; ODERS that the parents report periodically to the youth Protection social worker to inform them of their situation; WITHDRAWS parental authority from the parents and AUTORIZES the Director of Youth Protection or the person designed by him/her to consent to the health care and services needed, to the schooling and after-school activities, cultural and sports activities; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order.

LOUISE GALLANT, J.C.Q. M e Lyne Monger Attorney for the Director of Youth Protection M e Chantal Gaudreau Attorney for the child Date of hearing: November 30 th 2020