2023 QCCQ 1585, 2023 QCCQ 1585

Protection de la jeunesse — 23113 2023 QCCQ 1585 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000744-224 DATE: January 27, 2023 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2008 Child and A B (Deceased) Parents ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to extend the order rendered on June 10, 2022, in respect of the child in order to entrust him to a kinship family of his maternal grandfather until his majority. [ 2 ] At the hearing, the mother is absent and not assisted by an attorney although she has been duly notified. In the last judgment rendered, the child was entrusted to his maternal grandfather due to the mother’s incapacity to care for him.

His sibling is also entrusted to a rehabilitation centre. [ 3 ] Since the child’s placement, not much has changed in the mother’s situation. She does not collaborate with the DYP. She did not contact the youth delegate since the judgment was rendered on June 10, 2023. The mother is not involved in his son’s life, and she is struggling with addiction issues. [ 4 ] Recently, the mother reached out to his son asking him to visit her. The grandfather trusted the child and let him visit the mother for short periods of time. However, the visits stopped since he was doing drugs with his mother and came home intoxicated.

From now on, the visits are supervised. Because of this incident, an addiction follow-up was put in place for the child to address that issue and to avoid that its worsened. [ 5 ] The child has been living with his maternal grandfather for the past two years and has been doing well. He respects the house rules, and he helps with chores. He attends school and there is no issue in that environment as well. [ 6 ] The maternal grandfather testifies about his wish to keep and care for his grandson until his majority. He is doing well at home, and they get along. They have a strong relationship.

At the hearing their complicity is obvious, and they seem very close to each other. He loves his grandson very much and he is proud of him. [ 7 ] The child wishes to continue living with his grandfather. He can openly confide to him about everything. Moreover, the latter can provide him with a supportive, reassuring and loving environment. He collaborates well with the DYP and the school staff. [ 8 ] The evidence demonstrates that the security and development of the child are still in danger.

Considering the evidence adduced, the absence of contestation from the mother, the child’s consent and his best interest, the application is well founded. Furthermore, the measures suggested by the DYP are in the child’s best interest.

FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 9 ] GRANTS the application for revision and extension of order; [ 10 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 11 ] REVISES AND EXTENDS the Court order rendered on June 10, 2022; [ 12 ] ENTRUSTS the child to the kinship foster family of his maternal grandfather, Mr.

C, until his majority on [...], 2026; [ 13 ] ORDERS that all contact between the mother and the child be established upon an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 14 ] RECOMMENDS that the child involve himself in a follow-up related to his personal issues, namely psychosocial issue and substance abuse, as long as deemed necessary by the professionals; [ 15 ] RECOMMENDS that the mother involve herself in a follow-up concerning her personal difficulties, namely psychological issue and substance abuse, as long as deemed necessary by the professionals; [ 16 ] RECOMMENDS that the mother submit herself to random drug tests; [ 17 ] WITHDRAWS of the mother’s exercise of the parental authority over medical, school, social and other authorization including attainment of a driver’s licence, passport application and AUTHORIZES the maternal grandfather, Mr.

C, or the DYP to sign in the place of the mother; [ 18 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family, until [...], 2026; [ 19 ] 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 present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Mylène Pelletier-Rivet for the applicant Me Jules Grenier for the child Mrs. A the mother (absent) Written judgment filed on January 30, 2023.