2018 QCCQ 15035, 2018 QCCQ 15035

Protection de la jeunesse — 185637 2018 QCCQ 15035 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 650-41-001969-118 DATE: May 29, 2018 ______________________________________________________________________ BY THE HONOURABLE VICKY LAPIERRE, J.C.Q. ______________________________________________________________________ [Social Worker 1], authorized person by the Director of youth protection, Applicant v.

X, Child and A, Mother and B , Father ______________________________________________________________________ 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 Court is seized with an application for review and extend pursuant to

section 95 and 75 of the Youth Protection Act. [ 2 ] In support of her application, the Director of Youth Protection (DYP) produces a report written by [Social Worker 1], authorized member of her staff, on May 11 th 2018, under D-4. [ 3 ] In the application, it is alleged that the security or development of the child is in danger because of a serious risk of neglect due to the parents’ addiction problem and instability. [ 4 ] At the hearing, the parents were absent and based on the proof that was present by the DYP’s lawyer, the Court dispensed with service considering in light of exceptional reasons brought to Court’s attention.

The child, through his lawyer admits the allegations of the application and agrees to the conclusion sought. [ 5 ] X is now 8 years old. X has been entrusted almost all his life to his grandfather C. Mr. C collaborates with the DYP services. Since fall 2017, Mr. C has spent some time in Town A because of his health problems. His son D, who was usually taking care of X when the grandfather had to leave Town A, had to escort Mr. C in Town A. During that time, X was left in the care of Mrs. E. Some problems where then reported by the school particularly about clothing. Mrs.

E collaborated with the DYP and things got back to normal. [ 6 ] On December 2017, X had to go to Town A for health care and services. Because D was also with the grandfather in Town A, X only came back in February 2018. The family was aware of the importance of the child’s attending school on a regularly basis. [ 7 ] The DYP worker did not have many contacts with the parents given their lack of collaboration. They both live in Town B. The father works for community public works. The mother had indicated to the DYP worker on random meetings that she would like to be more invested in the child’s follow up.

However, she missed two subsequent appointments without notice. [ 8 ] Even if the parents are not very collaborative, the father has frequent, almost daily contacts with X which are organised by Mr. C who makes sure that the father is sober and in a good state of mind to handle the contacts. For a few years now, the mother’s life style has been marked by addiction and instability.

[ 9 ] The evidence, especially Mrs. [social worker 1]’s report under D-4, leads to a conclusion that the security or development of the child is still considered to be in danger. [ 10 ] X is now receiving the care and attention he needs and it is now in his best interest to be maintained with his grandfather Mr. C, who is also receiving help and support, namely from D, along with other assistance.

WHEREFORE, THE COURT : [ 11 ] GRANTS the present application; [ 12 ] REVIEWS and EXTENDS the last order; [ 13 ] DECLARES that the security and the development of the child remain in danger; [ 14 ] ENTRUSTS the child to his grandfather Mr. C for a period of twelve (12) months; [ 15 ] TAKES NOTE that Mr.

D is taking care of the child when the grandfather have to go leave the community; [ 16 ] ORDERS that the parents stay sober in presence of the child; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the child’s family for the same period; [ 18 ] ORDERS that the parents report periodically to the Youth Protection social worker to inform her of their situation; [ 19 ] WITHDRAWS certain parts of the parents’ parental authorities and AUTHORIZES the Director of Youth Protection or the person appointed by her to consent to the health care and services, schooling and after school activities, cultural and sport activities during the present order; [ 20 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. __________________________________ VICKY LAPIERRE, J.C.Q.

M e Lyne Monger For the applicant Turgeon, Monger, Cormier avocats M e Chantal Gaudreau For the child Centre communautaire juridique A Date of hearing: May 29, 2018