2022 QCCQ 9626, 2022 QCCQ 9626

Protection de la jeunesse — 225763 2022 QCCQ 9626 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Protection Division »

N° : 455-41-001507-227 DATE : September 16 th , 2022 ______________________________________________________________________ BY THE HONOURABLE JULIE BEAUCHESNE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection, from le Centre intégré de santé et de services sociaux A Applicant And X, Born on [...], 2009 Child And A, Mother ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR PROTECTION (Article 38 YPA) ______________________________________________________________________ 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, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (Director) submits to the Court an application for protection regarding the child X (

X) born on [...], 2009, who is thirteen years old. [ 2 ] The Director alleges that the child is subject to neglect concerning healthcare, neglect on educational level, psychological ill- treatment and serious behavioral disturbance. [ 3 ] At the hearing, the mother disagrees with the recommendations of the Director. [ 4 ] X agree to stay with Mr. B and wish to have supervised contact with his mother (by social worker). Situation of the child [ 5 ] X is 13 years old and was under the custody of his mother. [ 6 ] In September 2021, the mother had entrusted him to Mr.

B, her ex-spouse and father to one of X half-sister. He has been back to his maternal home since March 11 th , 2022. Reasons for Director intervention [ 7 ] The family is well-known from the youth protection services and there have been multiple episodes of services in the past. [ 8 ] Fights often occur between the mother and X, which are mostly verbal. [ 9 ] According the X, his mother tends to “flip out” when she consumes drugs.

[ 10 ] The child says that his mother can insult him and call him “crazy” because he’s hearing voices. He has asked for therapy with a specialist and medication to help him with his mental health. [ 11 ] According to the mother, his son has some behavioral issues which have worsened since he is living with Mr. B. The mother says that he refuses the health services. [ 12 ] The mother admits that she consumes cannabis and alcohol regularly, his son can also consume cannabis and alcohol. [ 13 ] X is not really involved in school and is regularly absent.

This problem increases since coming back to live with his mother. [ 14 ] He had some criminal behaviours, on May 17 th , 2022 he was sentenced to 12 months of probation and 100 hours of community services. [ 15 ] They have difficulties regulating their emotions, mainly their anger. On April 6 th , 2022, there is a crisis occurred at home, during which a verbal conflict between the mother and X escalated into a physical altercation. [ 16 ] The same day, and immediate protective measures was applied, entrusting the child to Mr. B. [ 17 ] On April 8 th , a provisional agreement was signed, entrusting him to Mr.

B. [ 18 ] X has a good relationship with Mr. B and says that he loves being there since he can get a good night’s sleep. He considered this is a “safe place” for him. [ 19 ] At the hearing, the mother explained why she would prefer that X be intrusted to center A.

He could be help for his autonomy and routine. [ 20 ] She wishes to have contact with her son, without supervision. [ 21 ] She’s having some worries about her ex-spouse parental capacity (drugs, supervision, comments). [ 22 ] FOR THESE REASONS, THE COURT : [ 23 ] GRANTS the present application for protection; [ 24 ] DECLARES that the security and the development of the child X are in danger for the following reasons : • 38 b) 1°ii) Neglect concerning healthcare; • 38 b) 1°iii) Neglect on educational level; • 38

c) Psychological ill-treatment; • 38

f) Serious behavioral disturbance; [ 25 ] ENTRUST the child to Mr. B; [ 26 ] TAKE JUDICIAL NOTICE that the living environment of Mr. B will be assessed in accordance with the Act respecting the representation of family-type resources and certain intermediate resources and the negotiation process for their group agreements; [ 27 ] ORDERS that the child entrusted to the foster family of Mr.

B, according to a positive assessment; [ 28 ] AUTHORIZES , in the child’s favor, supervised contacts with his mother, according to the modalities set by the Director of Youth Protection; [ 29 ] AUTHORIZES the possibility of lifting the said supervision according to the evolution of the situation; [ 30 ] TAKE JUDICIAL NOTICE that the Director of Youth Protection will offer external rehabilitation services to the child and Mr.

B for the time deemed necessary; [ 31 ] TAKE JUDICIAL NOTICE of the Director of Youth Protection intention to clarify a life project for the child over the next year; [ 32 ] ORDERS that the child consistently attend a school or another place of learning, unless for medical reasons; [ 33 ] RECOMMENDS that the child be assessed for his drug consumption and possibly a follow-up should the professional recommend it; [ 34 ] ORDERS that the child receive specific healthcare and health services, including a psychiatric re-evaluation and the respect of the medical recommendations concerning his medication; [ 35 ] ORDERS that the child and his mother take an active

part in the application of any of the measures ordered, namely that they collaborate to the elaboration of the intervention plan and to the social follow-up; [ 36 ] RECOMMENDS that the mother participate in a personal follow-up to address the management of her emotions;

[ 37 ] ORDERS that a person working for an institution or a body provide aid, counselling or assistance to the child and the child’s family for a period of one (1) year; [ 38 ] ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out; [ 39 ] THE WHOLE without cost. Signed on November 1 st 2022 __________________________________ JULIE BEAUCHESNE, J.XQ. Me Andréanne Lacasse Youth Protection Counsel Me Mireille Leblanc Mother’s counsel Me Claudel Vachon Child’s counsel Date of hearing: September 16 th , 2022 Filed exhibits: D-1 to D-4