2019 QCCQ 14899, 2019 QCCQ 14899

Protection de la jeunesse — 1911170 2019 QCCQ 14899 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » No: 640-41-002353-198 DATE: December 18, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in [...].

APPLICANT and X, born on [...], 2007 CHILD and A MOTHER and B FATHER ______________________________________________________________________ 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 ] The Director of Youth Protection « the Director » submitted an application to the Court to extend the decision rendered on August 23, 2019, ordering that the child remain with his parents and ordering various assistance measures including a follow-up by Social Services until December 31, 2019. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends that the Court order that the child remain with his parents and that it orders several assistance measures including a follow-up by Social Services until August 31, 2020. [ 4 ] The mother expressed that her main concern is that the school doesn’t accept X without the presence of a shadow.

Other alternatives in his situation should be considered and offered so her son can attend school. [ 5 ] The child denies and ignores most of the facts, although he admits attending school when his shadow calls him. [ 6 ] He agrees with the recommendations made by the Director. [ 7 ] The evidence reveals the following facts. [ 8 ] X will be 13 years old on [...], 2020. [ 9 ] He has been able to make some progress on his behaviour. [ 10 ] He still disturbs in his classroom sometimes and constantly needs a shadow in school. [ 11 ] His parents did not seek help with Social Services regarding their parental capacities. [ 12 ] This has an impact on their son’s behaviour, who continues to move from house to house whenever he wants, according to is preference and wishes. [ 13 ] There are only three rules that the child must respect at his parents’ or grandparents’ house since August 23, 2019: A curfew at 10:30 p.m., to attend school with his shadow when he calls him and to not have any violent behaviours in the family household. [ 14 ] Unfortunately, even if the adults around the child have established these three rules, they have not offered additional structure or rules to the child.

[ 15 ] The parents are unable to provide a structured environment to the child. [ 16 ] The child and the parents have a minimal collaboration with the Director. [ 17 ] Despite that, the Director has noticed some progress by all members of the family.

Social Services are still necessary to support the family, specifically in order to set a structure around the child and to improve parental skills. [ 18 ] The child made some progress: he attends school and has better behaviour in class. [ 19 ] He may certainly benefit from an external educator. [ 20 ] It is in the best interest of their son that the parents seek help without any delay to improve their parental skills and capacities.

The child still needs to work on his behavioural issues and the parents and grandparents need to make more progress in order to offer an environment of structure, rules and consequences around the youth and take action concerning the youth’s health needs. THEREFORE, THE COURT: [ 21 ] GRANTS the application; [ 22 ] EXTENDS the decision rendered on August 23, 2019; [ 23 ] DECLARES that security and development of the child continue to be in danger; MEASURES: [ 24 ] ORDERS that X remain with his parents; [ 25 ] ORDERS that the child and the parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 26 ] ORDERS that the child and the parents report in person, at regular intervals, to the Director to inform him of their current situation; [ 27 ] ORDERS that the child receive specific health care and health services required by his situation; [ 28 ] ORDERS that the child be provided with a shadow without any delay and that he be provided with individual support at school; [ 29 ] ORDERS that the child attend a school or another place of learning or participates in a program geared to developing skills and autonomy; [ 30 ] ORDERS that the child and his family receive the services of an external educator for the period deemed necessary by the professionals; [ 31 ] RECOMMENDS that the parents seek help through Social Services concerning their parental capacities; [ 32 ] AUTHORIZES the Director to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; [ 33 ] ORDERS that aid, counselling and assistance be provided to the child and his family; [ 34 ] THE WHOLE until August 31, 2020; [ 35 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the present order.

Signed in ________, on January___ 2020. ________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Cain Lamarre – Town A Attorneys for the applicant Mtre. Laurence Migué Legal Aid Office – Town A Attorney for the a child Mrs. A Mother

Mr. B Father Date of hearing: December 18, 2019