2018 QCCQ 12443, 2018 QCCQ 12443

Protection de la jeunesse — 182958 2018 QCCQ 12443 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-002748-174 DATE: May 11, 2018 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Plaintiff and X Child and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (Section 38, Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In May 2017, a person reported that the situation had concerns regarding the language of X. She had meetings with the speech therapist, but she misses school often.

There is a delay regarding the fine motor skills. [ 2 ] Also, the mother does not collaborate with the school. [ 3 ] Regarding the hygiene of X, it is a problem : she smells cart urine, she has lice in her hair regularly and had cavities. [ 4 ] The mother has the full custody of the child since 2012. [ 5 ] The father has contacts with his daughter on weekends but he would like to get shared custody. According with the father, X has delays regarding her fine skills motor.

He likes to do crafts with X to help develop her fine skills motor. [ 6 ] About the discipline, he puts X on time-out and it has happened that he had to raise his voice when she does not listen. [ 7 ] Mr. B was concerned about the lice. He is able to do a treatment in her hair, wash her sheet and put the stuffed animals and pillows in a bag.

He believes that the mother is following the same procedure. [ 8 ] At school, the child often scratches her head. [ 9 ] About the cavities, X is on the waiting list to see a specialist in Town A but the mother lost X’s health card. [ 10 ] Regarding the school, X is in a French Immersion Program and the mother is unilingual English.

[ 11 ] On June 6, 2017, there was an unplanned visit at the Mother’s domicile. The social worker observes that X’s sheets are very dirty and that she has empty food packaging and food on the floor and she draws on her wall. [ 12 ] The stuffed animals and pillows are not in a plastic bag and the sheets was not clean. [ 13 ] The mother has two children from another union; they are 2 years old. [ 14 ] The father of those children is not involved with them. [ 15 ] The mother received support from program SIPPE in 2011, after X’s birth. [ 16 ] The social worker met with the mother seven times.

She did not collaborate with the service, the file was closed in 2012. [ 17 ] In 2014, the file was reopened, the mother met the social worker 5 times. She offered a spot in a day-care center but the mother did not return the calls and the file was closed. [ 18 ] At the school, X is able to perform however, her main difficulty is the concentration. She does not complete a task. The school can see a difference the week that X is with her father because she is more willing to learn. [ 19 ] The father speaks French and he can help X with her home works.

She has to read a book every night. [ 20 ] The report of madam [social worker 1], dated November 7, 2017, at the hearing, was submitted under D-2. [ 21 ] She identified X’s needs : - X needs to grow-up in an environment with a clear routine and boundaries. - X needs to be stimulated on a regular basis. - X needs to have access to a clean environment. - X needs to go to school every day. [ 22 ] In this day, during the hearing, Madame [social worker 2], the new social worker, testified.

The Court concludes that X’s needs are the same at this point and the mother does not show a real and present mobilisation. [ 23 ] The father asked that the Court entrusts the child to him on fulltime basis. [ 24 ] The Court concludes that the father is really able to answer X’s needs because he collaborates very well with the Director of Youth Protection and he demonstrates a good mobilisation. [ 25 ] Also he can impose a routine and boundaries to X, give her a clean environment and stop the lice problem. [ 26 ] For the Court it is very important that X go to school every day and that she receive a good support for the home works. [ 27 ] THEREFORE THE COURT : [ 28 ] GRANTS the motion in accordance to

Section 38 of the Youth Protection Act. [ 29 ] DECLARES that the security and the development of the child are in danger; [ 30 ] ORDERS the following measures: (

a) That the child receive services required by her state (medical, dentist, eye doctor); (

b) That the child attend school every day; (

c) That the contact between X and her mother be accordingly to the agreement between the parties; (

d) That a calendar be prepared regarding the contacts between X and her mother; (

e) That the parents respect that calendar; (

f) That the mother complete a follow-up regarding her parental abilities and follow the recommendations; (

g) That the parents participate actively in the elaboration and the application of the intervention plan; (

h) That a person authorized by the Director of Youth Protection provide aid, counsel and assistance to the child and her family for six months [ 31 ] ENTRUSTS the situation of the child X to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ VALMONT BEAULIEU, J.Q.C.

Mtre. Laura Normandin Counsel for the Director of Youth Protection Mtre. Daniel Lessard Counsel for the child Mtre. André Nault Counsel for the mother Mtre. Émilie Laplante Counsel for the father Date of hearing: May 11, 2018