r v. A, 2016 QCCQ 19391

Protection de la jeunesse — 1610169 2016 QCCQ 19391 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005235-166 760-41-005236-164 DATE: December 9, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X, born [...], 2000 Y, born [...], 2000 Adolescents ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B Parents ______________________________________________________________________ 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 alleges that a serious risk of neglect endangers the siblings, X and Y, thereby justifying a 9 month protective order. [ 2 ] The children and their parents consign their admissions and subscribe to the orientation proposed by the Director. [ 3 ] Analysis and decision [ 4 ] The siblings reside with their parents. [ 5 ] The family previously receives services from the Director in reason of educational neglect.

The parties sign an agreement providing for the application of voluntary measures for a period of 8 months commencing July 20, 2014, with the specific objectives of supporting the parents as to their parental abilities and ensuring that the children attend school. [ 6 ] Closure occurs in May 2015 in favour of professional and community services, namely through the local CISSS. [ 7 ] Both parents present intellectual limitations and struggle with their parental responsibilities. [ 8 ] As of November 2015, Y transitions to a masculine identity and asks to be referred to under the name Z (although the Court is sensitive to this choice, the judgment will refer to the adolescent’s legal identity). [ 9 ] Y is in a relationship with another girl in the transition process.

She spends the majority of her time in her company, often skipping school. She recognizes that this person exerts control on her and can be aggressive. [ 10 ] Composing with a diagnosis of depression and anxiety, Y benefits from a psychological follow-up and medication. [ 11 ] X also struggles with psychological challenges. His social anxiety leads to isolation and self-mutilation. This situation also leads to his school absences and a disturbed sleep cycle. [ 12 ] X resists services and support, preferring to keep his issues to himself.

[ 13 ] In May 2016, both children choose to put an end to their follow-ups. School absences are recurrent. [ 14 ] The parents impose little routine or structure, leaving them basically on their own. [ 15 ] On July 9, 2016, the Director of Youth Protection retains a report concerning a situation of serious risk of neglect. [ 16 ] The parents offer minimal collaboration during the evaluation process. They recognize being overwhelmed by the many difficulties faced by the family (financial, residential), which restricts their ability to be fully available for their children.

They name that their attempts to structure their children are ineffective, yet they persist in their perceptions that there are no significant problems. [ 17 ] During the orientation table, all but X accept to receive services. [ 18 ] After considering the evidence and admissions, the Court determines that a serious risk of neglect endangers the security and the development of the children.

The Court endorses the protective measures sought as they reflect the children’s best interest as well as the approval of the parties. [ 19 ] FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the applications; [ 21 ] DECLARES that the security and the development of the adolescents are in danger in reason of serious risk of neglect; [ 22 ] ORDERS that the adolescents remain with their family; [ 23 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their children's regard to put an end at the situation in which the security or development of the children is in danger; [ 24 ] ORDERS that the adolescents and their parents take an active

part in the application of the measures ordered; [ 25 ] ORDERS that the adolescents attend school assiduously; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescents and their family; [ 27 ] ALL THESE MEASURES for 9 months; [ 28 ] ENTRUSTS the situation of the adolescents to the Director of Youth Protection A for the execution of the judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry Staub Attorney for the Petitioner Me Johanne Leduc Attorney for the mother Me Karine P. Poissant Attorney for Y Me Michel Robert Attorney for X Date of hearing: December 9, 2016