2018 QCCQ 18014, 2018 QCCQ 18014

Protection de la jeunesse — 189030 2018 QCCQ 18014 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division File number: 145-41-000402-120 DATE: November 7, 2018 ______________________________________________________________________ BY THE HONOURABLE DENIS PARADIS, C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION , Petitioner -and- X born on [...], 2008 Child -and- A B 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The director of youth protection took an application for revision and extension of order concerning the child X, born on [...], 2008. He suggests to entrust X at his sister, C, until his majority. [ 2 ] At the hearing, the mother, Mrs. A, is present and assisted by her lawyer. The father is absent.

An attorney represents the child. [ 3 ] The parties recognize globally the facts and they agree with the recommendations of the applicant. [ 4 ] Also, they consent to file the psychosocial report made by Mr. [Social Worker 1] and a certificate concerning the mother’s follow-up, as the testimony of their author. THE EVIDENCE [ 5 ] X has 10 ten years old. Since 2012, the director of youth protection works about his situation.

The risk of neglect, particularly cause by the mother’s addiction, is the main problem. [ 6 ] On October 5, 2016, a judgment of the Court of Québec orders that X be entrusted to a foster family until his majority. [ 7 ] But now, X’s foster family is no longer available to take care of him. His sister, Mrs. C, is volunteer to keep the child with her. [ 8 ] Mrs. C’s environment was evaluated and the result is positive.

Mr. [Social Worker 1], in his psychosocial report, note that “ the daughter and the mother have a good relationship and the daughter and the child have a good relationship as well [1] ”. [ 9 ] In the other hand, Mrs. C is able to provide X with a stable lifestyle and structured environment. [ 10 ] X’s mother cannot take care of her child and she knows that. She makes some effort to resolve her problems and the Court wish that she will continue in this way. [ 11 ] The whole evidence, the consent of the parties, the admissions and the child’s interest lead the Court to grant the application.

FOR THESE REASONS, THE COURT : [ 12 ] GRANTS the petition for revision and extension of order; [ 13 ] DECLARES that the security and development of child are still considered to be in danger according to

section 38 of the Youth Protection Act ;

[ 14 ] REVISES and EXTENDS the court rendered on October 5, 2016, in the present file; [ 15 ] ORDERS that the youth be entrusted to Mrs C until November 30, 2019; [ 16 ] ORDERS that the contacts between the child and his parents are determined by agreement between the parties; [ 17 ] ORDERS that all decision making authority with regard to authorizations to be given concerning the routine or urgent Health Services, the Social, Academic, Extra-curricular ant to obtain a Passport, Social Insurance Card, Driver’s License or any legal document that may be needed and DELEGATES such authority to the DYP of the Centre intégré de santé et de services sociaux A along with the foster home; [ 18 ] ORDERS that the child and his parents actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 19 ] ORDERS that the professionals involved in the youth’s situation be allowed to exchange information amidst themselves; [ 20 ] ORDERS that a person ensure that the child and his parents comply with the conditions imposed on them and that person periodically report to the DYP; [ 21 ] PROHIBTS the parents from exposing their child to any kind of violence; [ 22 ] RECOMMENDS that the parents be sober in the presence of the child; [ 23 ] RECOMMENDS that the parents involve themselves in a follow-up to put an end to their personal difficulties, including their addiction’s problems; [ 24 ] RECOMMENDS that the contacts between the youth and his grandparents be maintained, and supervise by the third party as long as necessary; [ 25 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until November 30, 2019; [ 26 ] 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. __________________________________ DENIS PARADIS, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Ariane Cayer for the child Me Isabelle Gagnon for the mother Date of hearing: November 7, 2018