2022 QCCQ 7629, 2022 QCCQ 7629

Protection de la jeunesse — 223155 2022 QCCQ 7629 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 755-41-003426-213 DATE: April 22, 2022 ______________________________________________________________________ BY THE HONOURABLE CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] and [SOCIAL WORKER 2] , youth protection worker duly authorized by the Director of Youth Protection A Applicants -and- X, born on [...], 2007 Adolescent -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT Section 95 (1) (2) of the Youth Protection Act ______________________________________________________________________ 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 (the Director) petitions the Court with an Application for revision and extension of a Court Decision, according to section 95 (1) (2) of the Youth Protection Act , in the matter of the adolescent X . [ 2 ] The Director alleges that the situation of the adolescent necessitates the revision and the prolongation of the Court Order rendered on August 26 th , 2021, for the reasons outlined in paragraph 4 of the motion. [ 3 ] The Director recommends, as key measures, that the adolescent be entrusted to the mother conditionally that the mother resides elsewhere than the maternal uncle’s milieu and that the contacts between the adolescent and his father be according to an agreement between the parties.

In the absence of an agreement, two virtual contacts per week should take place. The Director also recommends that the family receives a social follow-up for a period of six months. Situation and Analysis [ 4 ] The hearing of this Application is held jointly with the Application of the adolescent’s half-brothers, Y and Z on March 8, 2022.

Given the consent of all parties concerning the sibling, X’ s situation is postponed to this day for final measures. [ 5 ] The mother and the youth agree with the measures recommended by the Director. [ 6 ] The father disagrees and wishes that his son be entrusted to him in the United States where he resides. [ 7 ] X remains entrusted to his mother since the last court order. [ 8 ] The mother lives with her brother, the youth’s uncle, and many conflicts occur between him and the mother. [ 9 ] The uncle can use verbal and physical violence at least on one occasion in front of the youth.

The mother admits to the paternal grandmother being afraid for her children and thinking of moving to the United States. She finally does not go through with that project and decides to keep looking for a place of her own in the area. [ 10 ] The mother’s collaboration is difficult as she remains on the defensive. She consumes cannabis on a daily basis and does not consider this as a problem. She is also struggling with mental health issues and is only recently transferred to a new family doctor.

[ 11 ] The mother admits that the uncle’s milieu is not ideal, but she has difficulty finding a place of her own. It is clearly mentioned to the mother by the Director that if she wants her son to be entrusted to her, she has to reside elsewhere than the uncle’s home. [ 12 ] After the last order, the adolescent started school in September 2021 and was attending regularly and functioning well. [ 13 ] But with the mother’s residential instability and eventually her moving to City A at the end of January 2022, he missed school and the mother failed to do the necessary steps to register him with due diligence.

On March 8 2022, the mother is advised by the Court that she has to finalize the necessary steps so that her son attends school, which she finally does. [ 14 ] The mother stabilizes her situation, moves in a new apartment and finds two jobs. X goes now to school every day and enjoys it. [ 15 ] The youth and his father renewed contact through social media around last fall. [ 16 ] The father collaborated well with the Director at first, but became angry with their orientation that his son remain entrusted to his mother. The father strongly believes that he can offer the best milieu for his son.

From that point, he sent many emails to the case worker and made several complaints, feeling that he was put aside against his son’s best interest. [ 17 ] The Court does not question the love that the father has for his son. He is now having positives contacts with him, after a long period without having any or only a few. On top of all, the father has a home, a job and has been stable for a long time. In his mind, is would only be natural that his son be entrusted to him. [ 18 ] But the Court has to consider that the adolescent has been living with his mother all his life.

He has specific needs in relation with his diagnoses and is now attending a school that responds to those needs. A new move in his life would add more instability even if the outcome is positive. [ 19 ] On the other hand, the Court considers that increasing the contacts between the youth and his father would definitely be beneficial and nobody objects to that, the mother included.

She and the adolescent confirmed that fact during the audition to which the father attended via the platform “Teams”. [ 20 ] Finally the Court has to remind the mother that she delayed in mobilizing her situation and that she has to keep her children in the middle of her priorities in order to maintain the youth entrusted to her.

FOR THESE REASONS, THE COURT : [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and the development of the adolescent are still in danger; [ 23 ] REVISES and EXTENDS the Court order rendered on August 26 th 2021; [ 24 ] ORDERS that the adolescent be entrusted to the mother conditionally that the mother resides elsewhere than the maternal uncle’s milieu; [ 25 ] ORDERS that the contacts between the adolescent and his father be according to an agreement between the parties.

In the absence of an agreement, two virtual contacts per week should take place; [ 26 ] ORDERS that the parents ensure that the adolescent attends school; [ 27 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their adolescent’s regard to put an end to the situation in which the security or development of the adolescent are in danger; [ 28 ] ORDERS that the parents of the adolescent take an active

part in the application of the measures ordered; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 30 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment; [ 31 ] THE WHOLE for a period of six months. __________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. M e Caroline Gagné Attorney for the D.Y.P. M e Stéphanie Fortin-Poirier Attorney for the adolescent Dates of hearing: March 8 and April 22, 2022 Date of the signature: June 20, 2022