2019 QCCQ 15084, 2019 QCCQ 15084

Protection de la jeunesse — 194660 2019 QCCQ 15084 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] “Youth Division” No.: 650-41-001969-118 DATE: May 28, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE LOUISE GALLANT, J.C.Q. ______________________________________________________________________ In the situation of: X Child and [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW AND EXTENSION (Sections 95(1), 95(2) and 75 Y.P.A.) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A. ). [ 1 ] The Court has is presented with an application for review and extension in the situation of X 9 years old). [ 2 ] On May 29, 2018, the Court entrusted the child to his grandfather, Mr. C, for twelve months. It was also agreed that his uncle, Mr. D, would be taking care of the child when the grandfather leaves the community. Other measures catered to the situation were also ordered, including a psychosocial follow-up, that the parents stay sober in the presence of the child and that the parents report

periodically to the Youth Protection social worker to inform her of their situation. [ 3 ] Since the last order, the child has been entrusted to his grandfather, with the support of his uncle, and has been receiving the care he needs. [ 4 ] The child is doing well in school, even if he has some learning difficulties. [ 5 ] The child plays hockey in the sport school program. [ 6 ] He has to go to Town A for health care services every three to six months. [ 7 ] The mother is in Town B and she doesn’t have a home.

She is always moving from one place to another, between Town C and Town B. [ 8 ] The mother was stabbed three times and the child saw her with her injuries. [ 9 ] The father isn’t collaborating with the social worker. He saw the social worker for the last time in December 2017. [ 10 ] The father has many contacts with his children when they visit. [ 11 ] X is developing normally. He has the maturity of children is own age. However, he is showing signs of attention deficit hyperactivity disorder (ADHD).

An assessment will be done by the school psychologist next year. [ 12 ] The child is attending the School A in Town C. He is in Grade 2. He has important behavioural problems in class. He is sometimes violent and agressive with classmates and school staff. The school has taken steps to help X in his learning. A teacher’s aid was hired exclusively for him. [ 13 ] X has been entrusted to his paternal grandparents for many years. However, Mr. and Mrs. C are getting older and their health condition leads them outside the community weeks at a time for treatment in Town A. [ 14 ] Their son, [Mr.

D], takes over when they leave and deals with the child’s medical appointments in Town A. He also ensures the follow-up with the school and different interveners involved with the child. Given his work at school, he has a good relationship with the staff and manages well X’s behaviours that sometimes have consequences. In fact, Mr. D has participated in all the meetings with the school personnel to implement learning strategies to improve X’s behaviour. [ 15 ] As to the parents, they remain with drinking and instability issues.

They are not readily available to meet the needs of their children. [ 16 ] After assessing the situation, the Court concludes that the security and development of the child are still in danger within the scope of the Youth Protection Act due to the serious risk of neglect (addiction problems and instability of the parents). [ 17 ] The Court considers that this application is in the child’s interest and is well founded in fact and in law. [ 18 ] Therefore, the Court, with the consent of the parties, grants the application for review and extension.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] REVIEWS and EXTENDS the last order; [ 21 ] DECLARES that the security and the development of the child remain in danger; [ 22 ] ENTRUSTS the child to his uncle, Mr.

D, until his majority; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and his family for the same period; [ 24 ] ORDERS the parents to be sober in presence of the child; [ 25 ] ORDERS that the parents report periodically to the Youth Protection social worker to inform her of the situation; [ 26 ] WITHDRAWS parental authority from the parents and AUTHORIZES the Director of Youth Protection or the person appointed by her to consent to the health care and services needed, to school activities and after-school activities, to cultural and sport activities, and to obtain a passport and a driving licence as well as the required authorizations to travel outside the country; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order.

__________________________________ LOUISE GALLANT, J.C.Q. Mrs. Lyne Monger Counsel for the applicant Mrs. Chantal Gaudreau Counsel for the child Hearing date: May 28, 2019