2018 QCCQ 18757, 2018 QCCQ 18757

Protection de la jeunesse — 189857 2018 QCCQ 18757 JB5047 QUÉBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N o : 455-41-001196-187 DATE : November 9, 2018 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2001 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A, [...] Applicant -and- A , [...], Town A, Quebec, [...]; -and- B , [...], [Country A], [...] Children’s parents -and- C , [...], Town B, Quebec, [...]; Interested party ______________________________________________________________________ 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.). introduction

[ 1 ] The Director is requesting that the security and development of X be declared in danger for the motive of negligence on educational and physical levels. [ 2 ] Today, the Director is recommending that X be entrusted to her mother, that the contacts with her father be upon agreement and according to the modalities agreed with the Director, that contacts with Mr. C be authorized and be upon agreement and according to the modalities agreed with the Director, with a social follow up until her age of majority, that is [...] 2019. [ 3 ] The mother is present and represented by attorney.

She agrees with the recommendations of the Director and believes she will need the help of the Director until her daughter’s age of majority. [ 4 ] The father is absent as he lives in [Country A]. The Director’s demand was not served to him by bailiff but he received copy through email as well as copy of the court reports. He has been kept informed of the present procedure and agrees with the recommendations. [ 5 ] The court proceeds in his absence. [ 6 ] X’s has two half-siblings, Y and Z, with whom she shares her mother. Their father, Mr. C has been acting as X’s father for years.

The parties agree and the Court recognizes him as a party in these proceedings. [ 7 ] X is also present and represented by her lawyer. She agrees with the Director’s recommendations. Question in litigation [ 8 ] Are the security and development of the child in danger? In the affirmative, do the recommended measures answer the needs of the child and are they in her best interest? Context and Analysis [ 9 ] X lives with her mother and her two half siblings who are not always present as their parents in share their custody. [ 10 ] The mother and Mr.

C have separated in 2011 and been fighting since for the custody of their children. [ 11 ] The mother has put X through a lot of instability lately and has not been able to meet all her needs. [ 12 ] The family has moved three times during the last year. [ 13 ] X has no routine in her mother’s home and is often left to herself. [ 14 ] She lacks food and she does not have a bed for herself. [ 15 ] These last elements have changed since the Director’s involvement.

But the apartment remained dirty and encumbered. [ 16 ] The mother also exhibits lack of patience and can often lose control of her temper against X. [ 17 ] In June 2018, there was an event when the mother got into a fight with X and ended up throwing objects at her. At this event, she called Mr. C to come get X and Z. [ 18 ] The mother can speak negatively against Mr. C and involve X in the parental conflict. [ 19 ] The mother also uses marijuana every day and in important quantities which she minimizes.

She even gave brownies with cannabis to X on occasion. [ 20 ] Consequent to all of this, it is not surprising to learn that X has problems in school. [ 21 ] She if often absent and her mother does not encourage her to attend. [ 22 ] This is very concerning especially since X presents with limited learning and understanding capacity. She also has been diagnosed with ADHD and is not taking any medication. [ 23 ] She currently is attending a work oriented training program at school and must be present at her internships. [ 24 ] When she is at Mr.

C’s place, she never misses school. [ 25 ] The school has at times been concerned with the adolescent’s hygiene and inappropriate clothing for which the mother should support X. [ 26 ] It is not the first time that the Director is involved on this family for the same type of motives.

There was a social follow up in 2013 and three evaluations since 2016. [ 27 ] The Director has proven the situation of compromission. [ 28 ] The mother recognises that she needs help in answering X’s needs and intends to collaborate with social services. [ 29 ] The father has not been present in his daughter’s life and has been living in [Country A] for some years. He has no contact with her but she visits his family, especially her paternal grand-father.

[ 30 ] He has communicated his concern with his daughter’s current situation to the delegate. He expressed doubts about the mother’s ability to change. [ 31 ] The father knows Mr. C and is grateful about his involvement in his daughter’s life. [ 32 ] At some point, there was a plan for X to stay with Mr. C. [ 33 ] Considering that, he also has the responsibility of his two younger children (9 and 12 years old) for whom the Director is requesting that they be entrusted to to him, he says that he has to concentrate his time and energy in taking care of them. [ 34 ] X is very saddened by Mr.

C’s choice as she would have preferred to stay with him. [ 35 ] In court, Mr. C took the stand to say how much he loves X and that he will always be there for her. [ 36 ] He also testified that he feels he does not have all the tools to help X who presents with special needs. [ 37 ] The Court considers [ 38 ] The present judgement completes and confirms each and every observations that were made on the bench in presence of the parties.

FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development of X in danger for educational and physical neglect; ENTRUSTS X to her mother; AUTHORIZES , in X’s favour, contacts with her father, upon agreement and according to the modalities agreed with the Director of Youth Protection; AUTHORIZES , in X’s favour, contacts with Mr.

C, upon agreement and according to the modalities agreed with the Director of Youth Protection; ORDERS that the parents and X participate actively to the ordered measures; ORDERS that a person, working for the CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the youth X and her family until age of majority, on [...] 2019; ENTRUSTS the situation of the youth X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Christine Loubier Counsel for the DYP M e Ysabelle Proulx Counsel for the children M e Éliane Boulet-Laporte Counsel for the mother M e Caroline Rosa Counsel for the interested party Date of written judgment : January 3, 2019 Exhibits deposited : D-1 to D-4