2021 QCCQ 14594, 2021 QCCQ 14594

Protection de la jeunesse — 218238 2021 QCCQ 14594 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-033814-187 Date: September 15, 2021 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2008 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father (deceased) The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of September 15, 2021, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned on January 15, 2021, whereby the now thirteen year-old child, X , was entrusted to his father with aid, counsel and assistance, for a period of one year. [ 3 ] The Court was also presented with a similar application regarding the child’s brother whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the application for revision dated April 27, 2021, are as follows: 3.1. the children remain in the father’s care; 3.2. on April 24, 2021 the father died in a car accident; 3.3. since the last judgment, the visits between the mother and the children have been increasing and have been unsupervised; 3.4. the contacts between the mother and the children have been positive; 3.5. the mother has been involved in the children’s schooling and medical follow-up; 3.6. since the accident, the children have remained in the mother’s care; 3.7. the children have expressed wanting to live with their mother and her partner, Mr.

C; 3.8. the Mother and her partner have fully collaborated with the Director of Youth Protection and are open to receive services; 3.9. the mother and her partner have expressed wanting to care for the children (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the child be entrusted to his mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 6 ] The mother, assisted by Me Sureau, admitted all the alleged facts and agreed to the proposed measures.

[ 7 ] The child, assisted by Me Robert, also admitted the allegations and consented to the proposed measures. [ 8 ] The Director filed Exhibits D-16 and D-17 as evidence: D-16: 95 Court Report, prepared by [Social Worker 1], dated September 2, 2021; D-17: Psychological Assessment Report of X, prepared by Dre. Shamila Ahmadi and Dre. Ahmadi, dated September 14, 2021, cv en liasse (filed under

Article 293 C.C.P.). [ 9 ] In

summary, the mother has been actively collaborating to ensure that the children’s needs are met since they have been returned to her care following the tragic loss of their father. [ 10 ] The mother is also being supported by the Director of Youth Protection in completing all the administrative tasks required to secure government benefits for her children. [ 11 ] The need for ongoing support while the family adjusts to its new circumstances is acknowledged by the parties. [ 12 ] In addition, X’ Psychological Assessment Report describes the many challenges he faces which help to explain why he is “more than four years behind his grade level in most areas of academic performance” [2] . [ 13 ] He is diagnosed with: • Specific learning disorder in writing, reading and mathematics; • Attention Deficit Disorder, Combined type; • Oppositional Defiant Disorder; • Disruptive Mood Dysregulation Disorder. [ 14 ] A long list of recommendations are made to help him manage his challenges and build upon his strengths. [ 15 ] The family will no doubt need support to ensure the effective, consistent implementation of the numerous recommendations to ensure X develops his full potential. [ 16 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child’s interest.

THEREFORE, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 19 ] ORDERS that the child be entrusted to the care of his mother; [ 20 ] ORDERS that the child attend school regularly; [ 21 ] ORDERS that the child receive all health care services required by his situation, more specifically all the services recommended in his Psychological Assessment Report , including medical follow-up for his ADHD, CBT, grief counselling, and social skills therapy [3] ; [ 22 ] ORDERS that an appointment be scheduled for the family to meet with the author the Report so that its conclusions may be explained to them in detail; [ 23 ] RECOMMENDS that the mother not consume any drugs or alcohol in the presence of her children; [ 24 ] AUTHORIZES the unsupervised presence of Mr.

C with the child, TAKING JUDICIAL NOTICE of Mr.

C’s agreement to undergo random substance use testing if requested by the Director of Youth Protection; [ 25 ] RECOMMENDS that the mother and child benefit from support services to address their personal issues, including grief counselling; [ 26 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with professionals working with the family; [ 27 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family, including the services of an educator as long as deemed necessary; [ 28 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out;

[ 29 ] THE WHOLE for a period of nine months. Signed on September 21, 2021 TAYA DI PIETRO, Q.C.J. Me Marie-Ève Guindon Attorney for the Director of Youth Protection Me Delphine Robert Attorney for the child Me Maïa Sureau Attorney for the mother TD/vl