2021 QCCQ 11082, 2021 QCCQ 11082

Protection de la jeunesse — 215844 2021 QCCQ 11082 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth division” N o : 455-41-000996-165, 455-41-000997-163 DATE: July 22, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2006 Y Born on [...], 2007 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A Child’s mother -and- UNDECLARED FATHER Child’s father ______________________________________________________________________ JB5047 JUDGMENT [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.).

Introduction [ 1 ] The Director is requesting the revision of the Court order rendered on November 5, 2020. [ 2 ] By this order, the Tribunal declared that the security and development of X and Y were still in danger for the motives of educational neglect. [ 3 ] As protective measures, the Court maintained X and Y entrusted to their mother, ordered that they receive all the health care and health services they need, ordered that they attend school or another place of learning or participate in a program geared to developing skills and their autonomy, made various recommendations to the mother and ordered a social follow-up for a period of six months. [ 4 ] Today, the Director considers that the security and the development of the children are still in danger for the same motive. [ 5 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court maintain X and Y entrusted to their mother, order that they receive all the health care and health services they need, namely a psychological follow-up, order that they attend school or another place of learning or participate in a program geared to developing skills and their autonomy, take

judicial notice that the mother commits herself to participating actively with the CRDI services for X, make various recommendations to the mother and order a social follow-up for a period of six months. [ 6 ] At the hearing on July 22, 2021, the mother is present and represented by a lawyer. She agrees with the recommended measures. [ 7 ] The children’s lawyer is also in agreement with the Director’s recommendations. Evolution of the situation [ 8 ] Y is now 14 years old and X 15.

Both children still live with their mother. [ 9 ] In March 2021, Y began psychological therapy. [ 10 ] X is on a waiting list to receive psychological services to help her cope with her difficulty identifying her emotions. It is yet to be determined whether she will receive a psychological follow-up in the form of therapy or in the form of support. [ 11 ] In the meantime, X has expressed her desire to receive a follow-up from her spiritual counselor in school.

This will be explored at the beginning of the school year. [ 12 ] She continues to benefit from the specialized follow-up with the CRDI for her intellectual deficiency. [ 13 ] The mother has difficulties to respect the regularity and appointments of the CRDI. [ 14 ] She needs to continue collaborating with the CRDI to ensure that X does not lose this service that benefits her. [ 15 ] X’s motivation to attend school has improved and the efforts of the mother have been successful. [ 16 ] As for Y, he has a heart condition for which he needed medical attention which resulted in him missing school often but for justified reasons. [ 17 ] Nonetheless, the mother does not monitor the school homework given by the school board with vigilance. [ 18 ] She has the capacity to correct the situation of educational neglect, but she needs to remain focused on this objective. [ 19 ] Y has met again with his biological father, Mr.

B who travelled to come see him. He lives near [Province A]. [ 20 ] The mother does not oppose those contacts. [ 21 ] There is also a plan for Y to go spend some time at Mr. B’s home in the near future.

The measures [ 22 ] At the last hearing, the Court had made it clear that the mother had to ascertain her parental authority with her children otherwise other options would have to be examined. [ 23 ] The chronicity of the educational neglect had led to particular difficulties for X and Y and the relationship between the girl and her mother seemed strained. [ 24 ] The Court was able to find that the mother has maintained her parental authority thus improving the youths’ situation. [ 25 ] Notably, there has been a dramatic change in the school attendance.

The mother is consistent in refusing to come and pick up Y when he requests to leave school. [ 26 ] The Director states that the mother has mostly reached her intervention plan objectives and is ready to move on to new ones. [ 27 ] She will be working on implementing chores in the routine for X and Y to teach them responsibility and autonomy. [ 28 ] She has been collaborating with the CRDI meetings with X and ensured that Y’s needs were met. [ 29 ] She has also been able to allow her son to have contacts with his biological father and to support him in the process. [ 30 ] Having read the report and heard the delegate’s and the mother’s testimony, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS partially the application; DECLARES that the security and the development of the children X and Y are still in danger; REVISES the Court order rendered on November 5, 2020, in the present file; MAINTAINS the children entrusted to their mother; ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in her

children’s regard to put an end to the situation in which the security or development of the children are in danger; ORDERS that the mother take an active and transparent

part in the application of any of the measures ordered, namely that she collaborates to the elaboration of the intervention plan and the social follow-up, in order to put an end to the situation of endangerment; ORDERS that the children receive all the health care and health services they need, namely a psychological follow-up or another emotional support; RECOMMENDS that the emotional support for X be provided by the school spiritual counselor; ORDERS that the children attend school or another place of learning or participate in a program geared to developing skills and their autonomy; TAKES JUDICIAL NOTICE that the mother commits herself to participating actively with the CRDI services for X; ORDERS that a person working for CIUSSS A or any other establishment or body, provides aid, counsel and assistance to the children and their family for a period of six months; ENTRUSTS the situation of the children X and Y to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Christine Loubier Counsel for the DYP M e Cassandra Riendeau Counsel for the children M e Maryse Pinsonneault Counsel for the mother Date of hearing: July 22, 2011 Deposited exhibits: D-11 and D-12 Date of written judgment: September 20, 2021