2018 QCCQ 16872, 2018 QCCQ 16872

Protection de la jeunesse — 186396 2018 QCCQ 16872 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [….] TOWN OF […] Youth Division No: 105-41-000408-162 DATE: July 4, 2018 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2004 Adolescent -and- A -and- 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 (DYP) asks the Court to revise and extend the order rendered on July 3, 2017, in respect of the adolescent. [ 2 ] To begin, with, the DYP formulates a request for an exemption of notification of the application to the parents. In the past, many attempts have been made to reach the parents in vain.

In addition, the DYP mandates a firm to search for them, but unsuccessfully. [ 3 ] The Court considers that the parent's absence from the adolescent’s life for several years, as well as their indifference towards the child, are exceptional reasons that allow the Court to grant a waiver of notification to the DYP, as expected in the third paragraph of the 5 th paragraph of

Article 76 of the Youth Protection Act . [ 4 ] At the hearing, all the parties are absent. However, the adolescent and the tutor are duly represented by their lawyers. They both consent with the filing of the report to value as testimony of its author. [ 5 ] For the tutor, his lawyer expresses that his client contests the endangerment of the adolescent, even if he agrees with the conclusions looked for. Moreover he disagrees with the conclusion to the effect, that all the professionals implicated in the adolescent’s life will be authorized to exchange information about him.

He prefers to be informed of such things. However, he does not intend to present any evidence in the case. [ 6 ] The adolescent has been living with his grandfather Mr. B, since he was a baby. In 2016, the latter is appointed as the tutor of the adolescent. Since, September 2011, the DYP has been implicated back and forth with this family. Mainly to be sure that all the adolescent’s needs have been met, namely his medical follow-ups, food, clothes, hygiene and shelter. In fact, those aspects were not always taken care of in the past.

The grandfather is far from proactive regarding the required appointments for the adolescent. [ 7 ] The following paragraphs of the psychosocial assessment [1] , sums up the family's situation, as follows: “The concerns of the DYP towards the adolescent have been the same for several years. Even with the implication of the DYP, the response to the physical needs of the adolescent is minimal. The history of neglect and the lack of mobilization observed in the tutor’s parental responsibilities are concerning. The high risk of neglect is still present.

The recurrence of the problems is worrisome and allows the DYP to consider the possibility to see the situation going back to where it was without his involvement.”

[ 8 ] Furthermore, the situation of the tutor’s wife, Mrs. C, is also worrisome mainly regarding her behaviors of neglect. The DYP is also involved with her regarding her own child. She is unstable and she is being dealing with a serious drug addiction for the past years. [ 9 ] Currently, the adolescent’s situation is stable as well as the situation of the tutor’s wife, Mrs. C. She demonstrates improvement towards her lifestyle and behaviors. [ 10 ] Furthermore, Mr. B is more involved concerning the adolescent.

Nevertheless, there is still a lot of room for improvement to resolve the situation and to demonstrate consistency and durability in the actions taken by him. [ 11 ] Seeing that Mr. B does not seem to recognize the endangerment it is difficult not to grant the request of the DYP, in order for the professionals to exchange information, about the adolescent. Also, the social worker testifies that it is also challenging to obtain information from Mr. B. In fact, Mrs. C is more involved with the adolescent compared to the latter.

For this reason, it seems appropriate that such a conclusion be imposed. [ 12 ] After reviewing all the documented evidence submitted, the Court cannot come to another conclusion that there is still a serious risk of neglect in the family. First of all, we cannot put aside the situation of the other child who is also the object of an application to the same effect. The instability of the tutor’s wife as well as recurrence of the problems over the years, for which each time the DYP had to intervene since September 2011.

All this being said, the evidence reveals that the security and development of the adolescent are still in danger. [ 13 ] Considering the admissions and the consent of the parties, the application is well founded. The suggested measures appear to be in the best interest of the adolescent. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 14 ] GRANTS the application for revision and extension of order; [ 15 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 16 ] REVISES AND EXTENDS the Court order rendered on July 3, 2017; [ 17 ] ENTRUSTS the adolescent to his tutor, Mr.

D, until January 31, 2019; [ 18 ] AUTHORIZES all the professionals implicated in the adolescent’s life to exchange information in the adolescent’s interest; [ 19 ] ORDERS the adolescent receives all the medical care, his situation requires; [ 20 ] ORDERS the adolescent, his tutor and his family to actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 21 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and his family until January 31, 2019; [ 22 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Annie Dupuis for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Me Alexis Deschênes for the tutor

Written judgment filed on July 17, 2018