2018 QCCQ 19968, 2018 QCCQ 19968

Protection de la jeunesse — 1811236 2018 QCCQ 19968 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005491-173 760-41-005489-177 DATE: August 20, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born [...], 2013 Y , born [...], 2012 Children ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] By a judgment rendered on November 29, 2017, the Court declares that the siblings X and Y are subject to educational neglect.

While applying various measures of aid and protection for nine months, the Court entrusts the children to their mother. [ 2 ] Alleging that the situation of endangerment is still active despite the services put in place, the Director of Youth Protection seeks the extension of the protective measures for six months. [ 3 ] The Director produces an agreement of non-attendance to an uncontested Court hearing as well as their report on the evolution of the situation.

The attorney for the children, operating under a legal mandate, also subscribes to the conclusions of the application. [ 4 ] Analysis and decision [ 5 ] Since the last judgment, the children remain in their maternal environment. [ 6 ] The parents finalize their divorce. Although the mother has custody of the children, their father remains significantly involved considering that both live in the same building, allowing the children have access to both their parental environments on a daily basis. [ 7 ] Although still challenging, the parent’s communication improves.

The departure of the children’s older sibling also contributes to a more positive family dynamic. [ 8 ] The services of an educator are in place since March 2018 in view of applying a stable routine and discipline. [ 9 ] Since that time, little effective change is observed and persistent issues remain. Although she cooperates with the services in place, the mother’s application of the recommendations is inconsistent and she continues to struggle with her parental responsibilities. [ 10 ] The mother recognizes being overwhelmed by personal and family issues.

Depression and anxiety also impact her parental abilities. [ 11 ] The lack of organization in the maternal environment continues to impact on the children in various ways (appointments missed, etc.). [ 12 ] Both children have developmental challenges for which services are in place or are in waiting.

[ 13 ] For Y, it is especially crucial that he benefits from clear and coherent structure in view of his various diagnoses and delays (Autism Spectrum Disorder, persistent language delay, potential ADHD and oppositional conduct). [ 14 ] Overall, few tangible changes have occurred in the family situation since the last order, resulting in a continued high risk of instability.

The extension of social services is necessary in order to continue to rehabilitate the family environment, while ensuring that the children benefit from the services and attention they require. [ 15 ] After taking into consideration the parties' positions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and, furthermore, give rise to the measures sought. [ 16 ] FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the applications; [ 18 ] DECLARES that the security and the development of the children are still in danger; [ 19 ] EXTENDS the Court order rendered on November 29, 2017; [ 20 ] ORDERS that the children be entrusted to their mother; [ 21 ] ORDERS that the contacts between the children and their father be following agreement between the parties; [ 22 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their children’s regard to put an end to the situation in which the security or development are in danger; [ 23 ] ORDERS that the parents take an active

part in the application of the measures; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 25 ] ALL THESES MEASURES for 6 months; [ 26 ] ENTRUSTS the situation of the children to the Director of Youth protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Pascale Boucher Attorney for the Applicant Me Annie Girard Attorney for the mother Me Karine P. Poissant Attorney for the children Date of hearing: August 20, 2018