2022 QCCQ 13864, 2022 QCCQ 13864

Protection de la jeunesse — 224608 2022 QCCQ 13864 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF [...] Youth Division No: 105-41-000592-221 DATE: August 29, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2013 Child and A B Parents/Respondents ______________________________________________________________________ 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 ] Alleging that the child suffers from educational neglect and psychological ill-treatment according to sections 38(b)1 o iii and 38(

c) of the Youth Protection Act , the director of youth protection (DYP) asks the Court to order the application of protective measures. [ 2 ] Both parents agree with the DYP. Child’s counsel also does so, at the light of the evidence. [ 3 ] At the end of the hearing, the Court renders judgment orally and grants the application. Here are the reasons supporting that decision. [ 4 ] Last December, an agreement on voluntary measures is concluded between the DYP and the parents. Both parents then admit that their daughter is in need of protection pursuant to neglect and psychological ill-treatment.

The child remains in shared custody and measures are applied. [ 5 ] Despite the support provided by the DYP, the situation is still a matter of concern. [ 6 ] The child states that her mother’s spouse is violent and yells a lot, but the mother denies the presence of domestic violence at home. The child says on numerous occasions that she fears for her mother’s safety and her own. The mother replies that the child dramatizes the situation.

The Court cannot establish what really goes on in regard to domestic violence, but the fact is that the mother does not acknowledge her daughter’s worries and fears, therefore failing to support her. [ 7 ] There is also a lack of supervision of the child, which appears more present when she is at her mother’s. The mother works night shifts and has a very young child. She spends very little quality time with her daughter. [ 8 ] Communication remains difficult between parents, as their separation conflict still prevails.

However, there is some improvement in that regard. [ 9 ] The child attends a French school that is not located in the town where she lives. Therefore, parents must provide transportation to and from a bus stop. She is very often late and misses school frequently. On a regular basis, she reports being hungry and tired. The child shows good learning abilities, but she does not seem to reach her full potential. She opposes the authority and displays inappropriate behaviour.

[ 10 ] The parents argued the choice of school for this year. Finally, the child still attends the same French school. [ 11 ] The mother shows no cooperation to the school, even though she speaks French fluently. The school communicates with the father more easily, as he takes calls from school and tries to find solutions to his daughter’s challenges. This being said, the school had to ask repeatedly for the children to see a doctor.

The mother said she would undertake steps but failed to do so, and the father stated he could not get the Health Insurance Card from the mother. [ 12 ] The mother states that, from now on, she intends to cooperate with professionals who provide support to the child. Both the father and the DYP hope it is more than wishful thinking. The Court also hopes so. Both parents have work to do, but the mother’s situation is especially worrying. [ 13 ] The evidence convinces the Court to the application is well founded.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security and development of X are considered to be in danger according to sections 38(b)1 o iii and 38(

c) of the Youth Protection Act ; [ 16 ] ORDERS that the child be entrusted to her parents based on a shared custody of one week/one week; [ 17 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 18 ] ODERS that the parents not to expose the child to any form of violence; [ 19 ] ORDERS that the child go to school and be available for the learning experiences; [ 20 ] ORDERS that the child receive specific health care and health services, notably pediatrician and any other services deemed necessary for the child; [ 21 ] ORDERS that the child and her parents benefit from external rehabilitation services, as long as deemed necessary by the DYP; [ 22 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 23 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until August 31, 2023; [ 24 ] 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 judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Sam Bernard for the child Ms. A the mother Mr. B the father Written judgment filed on September 2, 2022