2016 QCCQ 18260, 2016 QCCQ 18260

Protection de la jeunesse — 169137 2016 QCCQ 18260 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 525-41-031344-161 DATE: November 25 2016 ______________________________________________________________________ BY THE HONOURABLE LINE BACHAND, J.C.Q. ______________________________________________________________________ The Director of Youth Protection A and X Born on [...] 2008 Child and A B Parents ______________________________________________________________________ JUDGMENT under

Section 38 ______________________________________________________________________ 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 Director of Youth Protection (Director) is asking the Court to declare that the security and development of X (8 years old) is compromised under

Section 38f) and 38b)iii) of the Youth Protection Act. [ 2 ] X is living with his mother, his brother and sisters, his sister’s spouse and their two babies. On late-May, following a family dispute, the mother moved in with the maternal grandmother. The child and his siblings moved with her. [ 3 ] The address and the whereabouts of the child’s father are unknown. Considering the evidence to the effect that the father is uninvolved in X’s life, the Court decided to proceed even if the Director’s was unable to serve him. [ 4 ] The child was present at the hearing and assisted by a lawyer.

The mother, also assisted by a lawyer, admitted the following facts: - She does not ensure that the child attends school regularly or on time; - The child is frequently late for school and absent without justifications; - The child struggles academically due to his frequent lates and absences; - The child demonstrates serious behavioural difficulties at school; - The child is disrespectful towards staff and peers; - The child states that he is often tired at school; - A psycho-educational assessment was started to the school board but could not be completed due to the child’s numerous absences; - Support and monitoring of the family situation are required; [ 5 ] The documentary evidence filed as exhibits confirmed the mother’s admissions.

Those facts were occurring during the last school year. Since then, X was registered by his mother to a new school. He is attending this school since last September. According to the mother, X is doing well and he would be doing an educational assessment. [ 6 ] The social report (exhibit D- 2, p. 6)) stated that Ms. A: “wants the best for all her children but struggles with X, who appears to have needs that are different than his older siblings.

[…] There is a pattern of behaviour in which Ms A is unable to effectively deal with conflicts with the school and other professionnals. This has been present in both schools that X has attended as with the caseworker.

Ms A did mobilize to get services within the community, such as the Strengthening Black Families program, however, it remains unclear to what extent Ms A has been able to integrate this information and to work collaboratively with the school to support X’s social and academic development.” [ 7 ] It is relevant to note that Ms A believes that X has been unfairly targeted and maltreated by school professionnals. Therefore, she is highly sensitive to any perceived injustice.

It appears that it is difficult for the mother to trust professionals and that it will be a challenge to set a positive collaboration with the Director and with these professionals that will try to help her and X. [ 8 ] The plan recommended by the Director is for X to remain in his mother’s care, while having his educational, behavioural and social needs met. Consequently, X must attend school each day and on time without showing serious behavioural disturbances. The mother must collaborate with the school and the other professionals who are involved to help X reach these goals.

FOR ALL THESE REASONS, THE COURT : [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security or development of X is compromised under

section 38f) and 38b)1) iii); [ 11 ] ORDERS that Ms. A ensure that X attend school daily and on time; [ 12 ] ORDERS that the Director of Youth Protection be authorized to exchange information with all service providers working with the family; [ 13 ] ORDERS that Ms A fully collaborate with the worker, meet with the worker upon request including access to the child in his home environment; [ 14 ] ORDERS that aid, counsel and assistance be provided to the child and his mother for a period of one (1) year. __________________________________ Line BACHAND, J.C.Q.

Me Sym DAVIS [centre A]’s attorney Me Alexandra OLSHEFSKY Child’s attorney Me Marc BISSONNETTE Mother’s attorney Date of hearing: November 25, 2016