2022 QCCQ 13868, 2022 QCCQ 13868

Protection de la jeunesse — 224614 2022 QCCQ 13868 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000730-223 DATE: July 6, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2011 Child and A 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 9.2 and 9.3 and 135 Y.P.A.). [ 1 ] That family receives help from social services on a recurring basis since 2013. The mother has custody of both children while the father does not play an active role in their lives. [ 2 ] Last October, following the assessment of reports, the director of youth protection (DYP) and both parents reach an agreement on voluntary measures. The DYP’s intervention arises from neglect and serious behavioural disturbances pursuant to sections 38(

b) and 38(

f) of the youth protection act. At the time, the youngest boy is entrusted to a rehabilitation centre. He remains there until April, and he now lives into a foster family. To this day, the oldest boy remains home with his mother. [ 3 ] The DYP now asks the Court to declare that the security and development of the children are in danger and to order their placement into a foster family for the next year.

The DYP pleads that both children suffer from neglect on physical, health and educational levels and they also present behavioural disturbances. [ 4 ] The mother admits most of the alleged situation, she agrees to the application of measures, but she desperately wants her sons to be with her. She loves them and intends to cooperate with professionals supporting the family.

She pleads that services were not provided properly for a few months and it should prevent the Court from entrusting the children to foster care. [ 5 ] At the light of the evidence, children’s counsel submits there was indeed a lack of services. She nevertheless pleads that the youngest should remain in foster care, but the placement could be for a shorter time frame. [ 6 ] The father is absent, he is currently incarcerated. [ 7 ] Following the hearing, the Court delivers an oral judgment, grants the application and orders the placement of both children.

Here are the reasons supporting that decision. [ 8 ] The family deals with multiple and long-lasting challenges. Despite the help provided through the years, we cannot observe positive changes. The mother shows very little parental skills. Actually, she loves her sons deeply, but even though she does not mean them harm, she neglects them in most aspects of their life. [ 9 ] There is neither rules nor routine at home. The children spend most of their time playing video games or watching videos on

their cell phones. They are often too tired to go to school after playing video games during the night. Mother and sons all sleep in the same room. [ 10 ] Both children are overweight to a point where their health is seriously at risk. They only want to eat unhealthy food. They lack basic knowledge about personal hygiene. [ 11 ] The children’s behaviour is also a matter of concern. The mother states that they both threaten and abuse her verbally.

Prior to his removal from home, the youngest was physically and verbally violent. [ 12 ] When discussing with professionals and testifying in court, the mother appears helpless. She does not seem to see the link between her lack of parental skills and her children’s major problems. [ 13 ] Moreover, the mother cries out for help but hardly involves herself in counselling. Almost a year ago, she was referred to a worker in order to strengthen her parenting skills and get help in regard to discipline. She only met him once. She is no more consistent when it comes to services in regard to her children’s needs.

She fails to attend meetings with a dietician and refuses to consent to the release of her son’s medical file so he can receive additional services. However, she meets with the psychologist who assesses the global situation and cooperates with him. [ 14 ] The evidence reveals there were flaws in the DYP’s follow-up. The new worker was apparently not duly informed of her role and duties. She nevertheless meets with the family and provides support. [ 15 ] Since the beginning of his placement, the youngest child’s situation improves significantly.

He is physically active and discovers new activities, he loses weight, he enjoys going to school and he is able to succeed. He is doing very good at the foster family and in school. He is proud of himself and so is his mother. [ 16 ] In regard to the oldest child’s situation, he is going to school a little more often, but there is no other noticeable change. He is anxious and fragile. [ 17 ] The evidence leads to a clear conclusion. It would be against the children’s interest to remain under their mother’s care. It hinders their development to a point we cannot tolerate.

The DYP recommends to entrust them to a foster family for the year to come. It is not longer than necessary, considering the work that needs to be done before foreseeing their potential return home. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security and development of X are considered to be in danger according to sections 38(b)1 o i, 38(b)1 o ii, 38(b)1 o iii and 38(

f) of the Youth protection act ; [ 20 ] ORDERS that the child be entrusted to a foster family designated by the DYP until June 30, 2023; [ 21 ] ORDERS that contact between the child and his parents be determined following an agreement between the parties, and if no agreement is reached, ORDERS a minimum of 4 hours per week; [ 22 ] ORDERS that the parents benefit from the services of a specialized educator to improve parental modelling and develop parenting skills, as long as deemed necessary by the DYP; [ 23 ] ORDERS that the parents report to the DYP when required on the measures they apply in their own regard or in their child’s regard to put an end to the situation that jeopardizes the child’s security and development; [ 24 ] AUTHORIZES the DYP to sign in the place of the parents the authorizations regarding medical follow-ups, social services and school authorizations if they cannot be reached in due time or if they unduly refuse; [ 25 ] RECOMMENDS that the parents get involved in a follow-up related to their personal difficulties, particularly substance abuse, psychological follow-up and parent/child relationships, as long as deemed necessary by the professionals involved; [ 26 ] AUTHORIZES the professionals involved with the child and the parents to exchange the relevant information, and this in the interest of the child; [ 27 ] ORDERS that the parents actively participate in the measures ordered; [ 28 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until June 30, 2023 ; [ 29 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment.

__________________________________ JANICK POIRIER, J.C.Q. Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the child Me Ariane Cayer for the mother Mr. B the father (absent) Written judgment filed on July 18, 2022