2019 QCCQ 16481, 2019 QCCQ 16481

Protection de la jeunesse — 198959 2019 QCCQ 16481 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-41-000604-197 DATE: November 19, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2006 Child and A and B Parents/Respondents ______________________________________________________________________ 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 ] In May of 2019, the mother moves to the Town A area with her three children. In the past, they live in [Province A] and their situation is reported to youth protection services on numerous occasions.

In fact, an evaluation is ongoing in [Province A] when the mother and children leave the province. [ 2 ] Alleging that the children suffer from neglect in regard to education, the director of youth protection (DYP) asks the Court to order the application of protective measures while entrusting the children to their maternal grandmother. [ 3 ] The mother as well as the two girls’ fathers agree with the DYP. So does the children’s counsel. [ 4 ] Following the hearing, the Court renders judgment orally, granting the application.

Here are the reasons supporting that decision. [ 5 ] The family’s situation when living in [Province A] is difficult. The mother says she moves in order to flee her problems. However, she rather brings her personal issues with her. [ 6 ] In June, the children’s situation is reported to the DYP. At the time, the children do not attend school. The DYP has a hard time getting in touch with the mother, who is reluctant to meet the social workers. Finally, the mother lets the DYP enter her residence when the social workers are accompanied by police officers, on September 4. [ 7 ] The situation is then worrying.

The children are not registered in school yet. Moreover, the children’s hygiene is neglected. There is little food at home, and the mother does not prepare proper meals for her children. There is a strong smell of cannabis inside the residence. Furthermore, the mother fails to put in place surveillance and structure for the children. [ 8 ] On the same day, the DYP applies immediate protective measures in order to entrust the children to a great-aunt. [ 9 ] Shortly after, the children are moved to their maternal grandmother.

The latter has been present and involved in the children’s lives since they were born. [ 10 ] A contact between the children and their mother takes place on September 16. The two oldest are reluctant to see the mother. They refuse any display of affection. The mother openly blames the grandmother for the children’s removal. During the visit, the mother states she moves in with her boyfriend, in a one-bedroom apartment.

[ 11 ] Following that visit, the DYP is unable to get in touch with the mother. [ 12 ] The evidence convinces the Court that the children suffer from neglect in regard to education. [ 13 ] The mother has serious issues to deal with.

She cannot take adequate care of her children and fulfill their needs on a daily basis. [ 14 ] The fathers’ situation will be evaluated to see what role they are willing and able to play in the children’s lives. [ 15 ] Fortunately, the grandmother is willing to take care of the children. [ 16 ] Therefore, the measures that the DYP recommends appear to be in the children’s best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 17 ] GRANTS the application for protection; [ 18 ] DECLARES that the security and development of X are considered to be in danger according to

section 38b)1 o iii of the youth protection act ; [ 19 ] ORDERS that the child be entrusted to his maternal grandmother until October 31, 2020; [ 20 ] ORDERS that contacts between the child and his parents be determined according to an agreement between the parties and be supervised, if deemed necessary by the DYP; [ 21 ] ORDERS that the child and his mother receive external rehabilitation services, as long as deemed necessary by the DYP; [ 22 ] RECOMMENDS that the mother undergo random drug testing; [ 23 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 24 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until October 31, 2020; [ 25 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 26 ] ORDERS the parties to abide by the present order. __________________________________ JANICK POIRIER, J.C.Q.

Me Myriam Dufresne for the applicant Me Mylène Murray for the child Mrs. A the mother Mr. B the father (absent) Written judgment filed on November 29, 2019