2022 QCCQ 13858, 2022 QCCQ 13858

Protection de la jeunesse — 224602 2022 QCCQ 13858 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 105-41-000548-215 DATE: August 9, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2012 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 ] In January of 2022, the Court grants an application for protection in regard to the child. The latter lives with her mother and suffers from neglect according to

section 38(b)1 o iii of the Youth Protection Act . [ 2 ] The director of youth protection (DYP) now asks the Court to revise and extend that order. The DYP pleads that the situation has improved, but that support to the mother and the child is still required. [ 3 ] Both mother and child’s counsels’ consent to the recommended measures. The father is nowhere to be found and the Court dispenses with serving to him. [ 4 ] Following the hearing, the Court renders judgment orally and grants the application. Here are the reasons supporting that decision. [ 5 ] The child’s attendance in school is higher than it used to.

However, her absence rate remains high compared to the class average. From January until the end of the school year, the child misses 32 days. The mother states that her daughter is sick when she is not in school, but it is still concerning. [ 6 ] Moreover, the child is often disorganized in class. She has difficulties interacting with her classmates and shows immature behaviour when conflicts arise. She also struggles academically as she presents major learning difficulties. However, she does not sleep in class anymore.

She is less tired, clean and properly dressed. [ 7 ] The mother is involved in the social follow-up and also cooperates with the external educator. She applies recommendations and is able to intervene adequately with her daughter. The educator considers that her follow-up may end considering the improvement noticed. [ 8 ] The mother still needs close support to assume her parental duties. If the DYP does not visit the family regularly, the routine relaxes and the structure is less present. Meeting the child’s needs without assistance remains challenging for the mother.

[ 9 ] At the light of the evidence, it is clear in the Court’s mind that it is necessary to extend the application of protective measures. The recommendations formulated by the DYP meet the child’s best interest. Therefore the application is well founded. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 10 ] GRANTS the application for revision and extension of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38(b)1 o iii of the Youth Protection Act ; [ 12 ] REVISES AND EXTENDS the Court order rendered on January 24, 2022; [ 13 ] ORDERS that the child remain entrusted to her mother; [ 14 ] ORDERS that the child attend school; [ 15 ] ORDERS that the child receive the health care and social services required by her condition, particularly a pediatrician and a speech therapist follow-up; [ 16 ] ORDERS that the parents report the DYP when required, on the measures they apply in their own regards or in their child’s regards, in order to put an end to the situation that jeopardizes the child’s security or development; [ 17 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and her family until March 31, 2023; [ 18 ] 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 Isabelle Gagnon for the child Me Alexis Deschênes for the mother Mr. B the father (absent) Written judgment filed on August 15, 2022