2022 QCCQ 9013, 2022 QCCQ 9013

Protection de la jeunesse — 224878 2022 QCCQ 9013 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 640-41-002673-215 640-41-002674-213 DATE : MAY 20 th , 2022 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2011 Y Born on [...], 2010 Children and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in [...]; Applicant and A B Parents . JUDGMENT

Article 95 - Youth Protection Act [ 1 ] At the request and consent of all parties, the Court proceeds to a common hearing into the situation of the children [ 2 ] The Director of Youth Protection (Director) submits an application for an extension of the decision rendered on October 21 st , 2021, ordering that the children remain entrusted to their mother and ordering several assistance measures. [ 3 ] In the situation of X, ordering that she received specific health care and health services required by her situation and ordering other measures aiming at protecting the child and answering her needs.

[ 4 ] In the situation of Y, ordering measures aiming at answering her needs to put an end to the situation of compromission until January 31 st , 2022. [ 5 ] The Director of Youth Protection asks the Court to order that the children remain entrusted to their mother and in the situation of X that she receive all specific health care and health services required by her situation the whole until May 31 st , 2023. [ 6 ] The mother admits all the alleged facts.

She nuances a few of them saying that when the Applicant alleges that she is passive namely on paragraph 5.6 and 12 of the application she was not passive, she was sick. [ 7 ] The mother agrees with the recommendations proposed. [ 8 ] After having heard the whole evidence, M e Neptune on behalf of the children agrees with the recommendations. [ 9 ] The evidence reveals the following facts. [ 10 ] Since the last judgment the situation of the family has worsened.

The mother’s health is currently critical and she will have to leave for Town A for an undetermined period of time. [ 11 ] The mother needs to work in collaboration with the Director to find a solution for the children. [ 12 ] The mother is highly overwhelmed and sick, therefore unable to control what is currently happening. Although she has an active follow-up with social services and her collaboration is regular. [ 13 ] The father still struggles with personal issues namely unresolved violent behaviors.

He is not involved on a daily basis in the children’s life and his collaboration with Youth Protection is irregular. [ 14 ] Y is barely attending school, he can use alcohol and marijuana, he does not respect the rules put in place for him for example his curfew. [ 15 ] When he does not come back to his mother’s home he usually goes to his father’s place even though this is unauthorised. [ 16 ] The mother has difficulties to structure the children. [ 17 ] X’s health is fragile.

Her cancer has an impact on her vulnerability and seriously affects her functioning on a daily basis. [ 18 ] The mother is sick and when it comes to take action in order for X to have access to her medical treatments, the mother needs to be supported. [ 19 ] The mother has the capacity to mobilize herself, but relies heavily on Youth Protection Services.

The Director should continue to support the mother and the family. [ 20 ] The mother certainly has to collaborate with Director in order to ensure that X receive all the services she needs namely when she cannot escort her child down south she certainly has to accept that someone else may escort her daughter.

The priority is that her daughter receives health services that she needs and that she deserves. [ 21 ] With regards to Y’s lack of attendance at school the mother should continue to accept the means took in place in order to permit her son to attend school regularly. [ 22 ] The mother’s collaboration with the Youth Protection services has been progressing over the course of the last few months and the collaboration of the father as well. [ 23 ] Nevertheless, the children remains at risk for neglect in terms of X’s educational and medical needs and in terms of educational needs in the situation of Y. [ 24 ] The Youth Protection believes that with the necessary support the mother will continue to develop her parental capacities and develop the necessary autonomy to mobilize herself and ensure that her children’s needs are answered. [ 25 ] The Youth Protection wishes that the father become more involved in the care of his children so that the situation does not rely totally on the mother. [ 26 ] Given the assessment of the situation, the whole evidence, the position of the parents who acknowledge the situation and the need for the measures proposed, their agreement to these measures, the Court concludes that the recommendations are in the interest of the children.

THEREFORE, THE COURT: [ 27 ] GRANTS the application under

section 95 of the Youth Protection Act ; [ 28 ] EXTENDS the decision rendered on October 21 st , 2021; [ 29 ] DECLARES that the security and development of Y are still endangered under

section 38 ( b ) (1) iii.;

[ 30 ] DECLARES that the security and development of X are still endangered under

section 38 ( b ) (1) iii. and 38 (b) (1) ii.; [ 31 ] ENTRUSTS the child X to his mother; [ 32 ] ENTRUSTS the child Y to both parents; [ 33 ] ORDERS that Y attend school or another place of learning or participate in a program geared in developing skills and autonomy; [ 34 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regards or in their children’s regards to put an end to the situation in which the security and development of the children are endangered; [ 35 ] ORDERS that the children and the parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 36 ] ORDERS the father to remain without any violent behaviour in the presence of the children; [ 37 ] ORDERS that contacts between the children and the father, the frequencies, modalities, and degree of supervision will be determined by the Director of Youth Protection; [ 38 ] ORDERS that aid, counselling and assistance be provided to the children and the family until May 21 st , 2023 ; [ 39 ] ENTRUSTS the situation of the children to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q.

M e Justine Carli Attorney for the Director of Youth Protection M e Angèle Tommasel Attorney for the mother M e Cassandra Neptune Advocate for the children Dates of hearing : May 20 th , 2022 Last exhibits: D-6 for X, D-7 for Y