2017 QCCQ 9556, 2017 QCCQ 9556

Protection de la jeunesse — 174011 2017 QCCQ 9556 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-030174-155 Date: June 6, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2015 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother The parent JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of June 6, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned, on December 1, 2016, whereby the now twenty-three month-old child, X , was entrusted to his mother, taking judicial notice that mother and son were residing at Héber-Jeunes with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Application for revision dated March 6, 2017, are as follows: 3.1. the mother and the child integrated Héber-Jeunes on December 1, 2016; 3.2. the mother has been late paying her rent; 3.3. on or about February 8, 2017, the mother was found in bed with her boyfriend and the apartment was in a very unhygienic state to the point that the child did not have space to move around; 3.4. the mother is not collaborating with social services intervention nor has she collaborated with the expectations of Heber-Jeunes; 3.5. on March 1, 2017, the delegate was informed that the mother is being expelled from Héber-Jeunes as of March 31, 2017; 3.6. the mother has failed to secure a pediatrician and a daycare for the child; 3.7. the child requires a safe, stable environment where he can receive proper stimulation; 3.8. the child visits with the maternal grandmother every weekend; 3.9. the maternal grandmother, Ms.

B, is able and willing to assume care of the child on a full-time basis (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to his maternal grandmother, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year.

[ 5 ] The mother, assisted by Me Cloutier, admitted all the allegations in support of the application except paragraph 3.3 which she denied. She consented to the proposed measures. [ 6 ] The child’s father is not declared on his birth certificate. [ 7 ] Me Harvey, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibit D-7 as evidence: D-7: Court Report, written by [Social Worker 1], dated May 24, 2017. [ 9 ] In

summary, the facts alleged are not disputed. The mother acknowledges her inability to meet her son’s needs on a daily basis and agrees that her own mother should be entrusted with the care of her son. [ 10 ] Moreover, serious incidents have taken place since the date of the application: On March 14 2017, Ms. A was arrested with 3 other youth for breaking into an apartment and causing havoc. Ms. A knew the person’s apartment that they broke into, and it was said that Ms. A was the “ring leader”. The girl living in the apartment had started a fight with her earlier on, and Ms. A wanted revenge.

It was reported to Social Emergency Services that they broke in, robbed it, and stabbed the person who was home (the injury was described as not serious). Moreover, there was an arrest warrant out for Ms. A’ new boyfriend, who was also involved with the crime. [2] [ 11 ] The mother must clearly learn to make more responsible choices if she is to resume caring for her son as she claims to intend to do. [ 12 ] As summarized in the Court Report : Ms. A is not in a proper state to care for her son independently.

The undersigned tried to provide as much assistance and support as possible while she was living in supervised housing with X, however, she continuously rejected the undersigned’s attempts. It is clear that Ms. A has to get her life in order before she can care for her child. She now has criminal charges to take care of; she must distance herself from negative peers and social circles in order to prevent placing X at risk.

X is a young child with a strong attachment to his mother; however, her current lifestyle does place X’s security, safety and development at risk. [3] [ 13 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the child be entrusted to the care of his maternal grandmother, Ms.

B; [ 17 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by the Director of Youth Protection TAKING JUDICIAL NOTICE that the mother is free to visit her child at the maternal grandmother’s home and that contacts between the mother and her child are supervised at all times by the maternal grandmother and will continue to be supervised by the maternal grandmother until no longer deemed necessary by the Director of Youth Protection; [ 18 ] RECOMMENDS that the mother follow the recommendations in her Parental Capacity Assessment as well as the recommendations of her Psychological Assessment ; [ 19 ] WITHDRAWS from the mother the exercise of certain of attributes parental authority and ORDERS that the exercise of such attributes be granted to the maternal grandmother, Ms.

B, so that she may sign all consents required for the child’s education, health, travel and extra-curricular activities; [ 20 ] ORDERS that the child and his family benefit from the services an educator for as long as deemed necessary; [ 21 ] TAKES JUDICIAL NOTICE of the mother’s undertaking to collaborate actively with such services; [ 22 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the child and his family; [ 23 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A, who shall then see that the measures are carried out; [ 24 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 25 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Nadia Sabik Attorney for the Director of Youth Protection Me Sonia Harvey Attorney for the child Me Francis Cloutier Attorney for the mother TD/vl