2019 QCCQ 18267, 2019 QCCQ 18267

Protection de la jeunesse — 197480 2019 QCCQ 18267 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] No : 505-41-009383-193 DATE : August 19, 2019 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE AUTHIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] person authorized to act on the behalf of the Director of Youth Protection of [the Region A] Applicant and X, born on […], 2008 Child and A Mother ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act ______________________________________________________________________ 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 ] This judgment confirms and reasons the order rendered on August 19, 2019. [ 2 ] The Director of Youth Protection filed an application for protection in the situation of the children — X , a 10-years-old boy and Y , a 12-years-old girl — for a situation of : • Neglect on the educational level for both children; • Serious behavioural disturbance for X . [ 3 ] The children are known to the agency since 2009 and were under two different orders of this Court on the basis of neglect and psychological ill-treatment in files bearing number 505-41-005876-091, 505-41-005875-093, 505-41-007300-132 and 505-41-007295- 134. [ 4 ] Given the evolution of the situation, the Director is requesting that the children be entrusted to a foster family — knowing that the children are presently entrusted to their sister, Mrs.

C — with a social follow-up for six months. [ 5 ] The children and the mother are agreeing to the measures proposed by the Director though the mother would’ve wanted her children be returned to her care. CONTEXT AND ANALYSIS [ 6 ] The children were entrusted to their mother in January 2019, then to their sister on an interim measures order in June and July 2019. [ 7 ] It is reported that as of the Fall of 2018, the children were missing school on a regular basis and also showing some behavioural disturbances.

They were subject of an agreement on voluntary measures signed on October 22, 2018. [ 8 ] The Director alleges that mother is not collaborating with the school authorities. The mother informs the undersigned that the messages were not transmitted to her for numerous reasons out of her control. Her phone was disconnected at some point and she suffered a fracture of her pelvis in March 2019. [ 9 ] Mother went living with the maternal grandmother since she was not able to live on her own, nor to look over the children.

The said grandmother would not cooperate with the social services, nor transmit messages to the mother or provide the Director with the

mother’s new phone number. [ 10 ] The children were most likely left on their own and although the school authorities were implicated with them, the attendance at school remained an important issue.

Behavioral disturbances then arose for both children. [ 11 ] Though the mother admits to the security and development of the children being compromised and agrees to the measures, the Director is in the opinion that mother is undermining the gravity of the situation. [ 12 ] However, it is reported that since the children are in their sister’s care, their situation had evolved positively. [ 13 ] Mother has pointed out to this Tribunal that she is committed to improve the situation by collaborating with the Director, namely the adequacy of her communications with the school authorities, which was an issue in the past. [ 14 ] It is this Tribunal’s opinion that the security and development of the children are in danger for the reasons agreed between the parties. [ 15 ] Taking into consideration the entered evidence, the Tribunal concludes that the children’s entrustment to their sister’s is the most appropriate measure and the only one that best suits his interest.

FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES the security and development of the child X are still in danger for the same motives that were round up on June 18; [ 18 ] ORDERS that the children be entrusted to a foster family; [ 19 ] TAKES JUDICIAL NOTICE that the child is in the care of his sister C ; [ 20 ] ORDERS that the contacts between the child and his mother be following agreement between the parties; [ 21 ] ORDERS that the child and his mother take an active

part in the application of the measures ordered, namely that the child and his mother continue with psychological services and follow recommendations; [ 22 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the child and his family; [ 23 ] ORDERS that the child and his mother meet with their caseworker on a regular scheduled basis to update their situation; [ 24 ] RECOMMENDS that the mother engage herself in parenting services; [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection of [the Region A] for the execution of the present judgment; [ 26 ] THE WHOLE until December 20, 2019. __________________________________ JEAN-PIERRE AUTHIER, J.C.Q.

Me Véronique Crête Attorney for the Director of Youth Protection of [the Region A] Me Nancy Côté Attorney for the child Me Patrick Cormier Attorney for the mother Date of hearing: August 19, 2019