2023 QCCQ 8423, 2023 QCCQ 8423

Protection de la jeunesse — 232607 2023 QCCQ 8423 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N o : 455-41-001546-225 DATE : March 31, 2023 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2008 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection; Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ JUDGMENT [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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] The Director is requesting that the Court declare the security and development of the child X in danger on the grounds of educational neglect, physical neglect, psychological ill-treatment and serious behavioural disturbance. [ 2 ] As a protective measures, the Director recommends that the youth be entrusted to C and D, to take judicial notice of the intention of the Director to evaluate this environment as a family-type resource, to authorize, contact with his parents at the frequency and modality agreed upon with the Director and that failing agreement, contact be for two hours once every two weeks. [ 3 ] The Director also recommends ordering that X attend school and participate in the external rehabilitation services for emotional management and to submit to an evaluation of his drug use and follow-up on the recommendations if any, the whole with various other measures and a social follow-up for a period of six months. [ 4 ] At the hearing on March 31, 2023, the mother is present and is represented by a lawyer.

She does not contest the application but claims more contact with her son. [ 5 ] The father is present and not represented, he has the same position. [ 6 ] The youth's lawyer also agrees with the application. She mentions that X is proud to be able to go to school. His drug use is no longer every night and as such, he has reduced his consumption enormously. He also agrees to follow up at [Organism A]. X is particularly happy with the contacts with his father and wishes to see his mom more often. Context and analysis

[ 7 ] When the Director intervenes in the youth’s life, X is thirteen (13) years old. His parents have been separated since he was only ten (10) months old. The mother has legal custody and the father access rights on weekends and on holidays. [ 8 ] The situation of the youth was under evaluation following two reports retained by the Director for educational neglect (inappropriate attitude in the maternal and the paternal environment) and serious behavioral disturbances (problem of drug abuse).

These are the facts. [ 9 ] The mother was evicted from her apartment and moved to a friend’s house, where X does not feel comfortable. [ 10 ] In April, the mother asked the father to take care of their son because she could no longer do so. [ 11 ] Both parents have no rules and lack structure at home. Furthermore, they can scream at X when he does not listen. [ 12 ] The youth does have problematic behavior at school and smokes cannabis excessively. [ 13 ] The mother does not offer good collaboration with the school.

She blames the school for her son’s behavior and suspensions. [ 14 ] She mentioned that the father sometimes locked the boy out of the house, leaving X to wander the streets. [ 15 ] The father never tried to identify the people who were offering shelter to his son and admitted that he had “no idea” where X spent his summer. [ 16 ] The parents are both inconsistent in the versions given to the delegate. However, it is possible to assert that the child spent a lot of time at Mrs. D’s, a friend of the mother. [ 17 ] Since the beginning of the school year, X has actually been living mostly at Mrs.

D’s home. [ 18 ] Both parents explain the current situation through X’s behavioral issues.

They also disagree about what is best for their son. [ 19 ] On September 21, 2022, X was suspended from school following a physical altercation with another student. [ 20 ] He is offered tutoring sessions for an hour daily while the school authorities are assessing his return. [ 21 ] At the suspension return meeting, the youth denied being physically violent but admitted to having an emotional management problem, although he seemed reluctant to accept services. [ 22 ] The mother also says that her son has difficulty managing his emotions, especially when he is sad. [ 23 ] On September 23, 2022, a provisional agreement was signed by the parents entrusting the child to Mrs.

D. [ 24 ] X says he feels good with Mrs. D and wants to remain with her. [ 25 ] The youth has no behavioral difficulties in this home and is often allowed to go to his grilfriend’s house. [ 26 ] On October 24 th , 2022, the Court entrust X to Ms. D while authorizing contacts with his parents as a provisional order. [ 27 ] At first, the mother was claiming her son’s return home. But when she saw how well he was doing with her friend, she changes her mind. [ 28 ] The father recognized that it was difficult to help his son academically as he can barely read and write. [ 29 ] He had some doubts about Ms.

D’s home but sees that he is functioning well now. [ 30 ] He admits that he tried to set rules for his son, but that X did not respect them. decision [ 31 ] The motives of compromission are recognized and the Director has proven them with the documentary evidence. [ 32 ] As for the measures they are also not contested, and the evidence supports these recommendations. [ 33 ] The youth’s lawyer representations confirm that the youth is doing better, attending school and is ready to address his personal issues. [ 34 ] Thus, the recommendations are in the youth’s best interest.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the youth X are still in danger on the ground of educational neglect, physical neglect, psychological ill treatment and serious behavioral problems; ENTRUSTS the child X to C and D; TAKE JUDICIAL NOTICE of the intention of the Director of Youth Protection to evaluate the environment of C and D in accordance

with the Act respecting the representation of family-type resources; ENTRUSTS X the foster family of proximity of C and D in the event of their accreditation, for the duration of the present order; AUTHORIZES , in favor of the child, contacts with the parents at a frequency and in a manner agreed upon with the Director of Youth Protection, and failing agreement, contact shall be for two hours once every two weeks; ORDERS that X attends a school environment; ORDERS that X participates: • in the external rehabilitation service of the Centre Jeunesse A in order to learn to better manage his emotions; • in an evaluation of his drug addiction at [Organism A] and a follow-up if necessary; ORDERS that the parents participate actively and transparently in the measures ordered, in the development of the intervention plan as well as in the psychosocial follow-up in order to put an end to the compromised situation; ORDERS that a person working for an institution or body provides aid, counseling or assistance to the child and the child’s family for a period of six (6) months; ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out; __________________________________ PASCALE BERARDINO, J.C.Q.

M e Christine Loubier Counsel for the DYP M e Mireille Leblanc Counsel for the youth M e Audrey Roch-Genest Counsel for the mother Filed exhibits : D-1 à D-3 Date of hearing: March 31 st , 2023