r v. A, 2016 QCCQ 19350

Protection de la jeunesse — 1610164 2016 QCCQ 19350 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005048-163 DATE: December 13, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 2015 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A Parent ______________________________________________________________________ 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 ] On March 21, 2016, the Court renders a decision concerning the child X, declaring that her security and development are in danger in reason of a serious risk of neglect in her maternal environment.

There is a concurrent order concerning her sibling Y and Z, stipulating a situation of neglect and, for Z only, sexual abuse by her father. [ 2 ] Rendering a common order for the three children, the Court maintains them in their maternal environment while applying various measures of aid and counsel for 9 months. The Director of Youth Protection seeks the extension of the measures for an additional 9 months. [ 3 ] The mother and the attorney for the child, in virtue of her legal mandate, endorse the Director’s recommendations. [ 4 ] Analysis and decision [1] The child and her siblings, reside with their mother.

Since August 2016, the mother’s partner integrates the family unit, which provides additional support for the rehabilitation process. [2] The mother continues to struggle with mental health issues linked to anxiety and borderline personality disorder. She awaits the implementation of mental health services through Santé mentale adulte . [3] Y and X attend daycare regularly. [4] X shows developmental delays in all spheres, which is partly in relation to a physical challenge from hip dysplasia.

There are progressive ameliorations following dedicated stimulation from her mother and in daycare. [ 5 ] Y’s behaviours can be challenging and his mother seeks help in decoding and responding to his needs. He has language delays for which the mother applies stimulation exercises. Improvements are observed. [ 6 ] Z has academic difficulties and exhibits anxious behaviours (tics, self-harm beha-viours). The mother seeks immediate medical attention on two occasions in reason of her daughter’s behaviours, including what she describes as an anxiety attack.

The child is presently awaiting services through Santé mentale jeunesse as well as IVAC . [ 7 ] The mother cooperates generally well with the intervention and undertakes the services suggested. [ 8 ] An educator accompanies the family on issues of routine, structure and discipline. Although there are overall improvements as to the mother’s capacities to respond to her children’s individual needs, she requires continued accompaniment.

[ 9 ] Z’s behaviours are especially challenging for the mother. Her anxiety contributes to the escalation of her interventions with her daughter, which can then become inappropriate.

The mother recognizes the need to modulate her reactions and continues to work on means of applying clear structure. [ 10 ] The evidence convinces the Court that the children’s best interests justify the extension of the protective measures, as recommended by the Director. [ 11 ] FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and the development of the child are still in danger; [ 14 ] EXTENDS the Court order rendered on March 21, 2016; [ 15 ] ORDERS that the child remain in her maternal environment; [ 16 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or her child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 17 ] ORDERS that the mother take an active

part in the applications of the measures ordered; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 19 ] RECOMMENDS that the mother participate and pursuit her follow-up in connection with her personal issues; [ 20 ] PROHIBITS contacts between Mr. B and the child; [ 21 ] ALL THESE MEASURES for a period of 9 months; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for execution of the present judgment; __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Marie-Ève Garceau Attorney for the Petitioner Me Johanne Leduc Attorney for the mother Me Michel Robert Attorney for the child Date of hearing: December 13, 2016