2016 QCCQ 8726, 2016 QCCQ 8726

Protection de la jeunesse — 163788 2016 QCCQ 8726 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000406-166 DATE: June 14, 2016 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...], 2006 Child -and- A -and- 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 Court is seized with petitions for protection is respect of the child and his sister. [ 2 ] Between 2011 and 2013, the director of youth protection (DYP) is involved with the children’s family. Protection measures are ordered in March 2012 and extended on November 13, 2012. [ 3 ] At the time, the children suffer from severe neglect in their maternal environment. Their basic needs are not met. Hygiene, health care and even food are issues.

Apparently, things improve and the DYP closes its file in July 2013. [ 4 ] The situation is reported to the DYP, again, basically for the same reasons. [ 5 ] The evidence reveals those children have to cope with serious difficulties, while living with their mother and her spouse. [ 6 ] Both children have poor hygiene. X suffers from bedwetting and does not wash himself before going to school. Both children have dirty hair and wear dirty and unsuitable clothes. People in school notice they smell bad. They seem hungry in school, and they mention it often.

Their mother lacks organization and structure and, too often, they cannot participate to school activities. [ 7 ] Both children struggle academically. They have major delays. Obviously, they are not supported at home and homework is not done. The school has to provide additional resource time to help make up for the lack of support from home. [ 8 ] Additional testing is required in order to assess some underlying learning issues, for both children. Unfortunately, the mother does not provide the necessary authorizations for the evaluations to take place.

The school asks the mother repeatedly, without results. [ 9 ] Meanwhile, the children’s disabilities are not properly identified, so they cannot receive help. [ 10 ] The mother shows very little interest, if any, for the children’s schooling. [ 11 ] At home, the situation is not much better.

[ 12 ] When the DYP meets with the family, in February, they live in an apartment. There are four children under the family roof and they all share one small bedroom. The apartment is messy, with objects everywhere and a strong smell of cigarettes. In March, however, they move into a new home. The social worker notices a major improvement as far as the physical environment is concerned. [ 13 ] Both children express concerns about their family life. Y says she is not happy living with her mom. X says that it is sometimes good and sometimes bad at home.

Their mother does not take care of them and would sleep most of the time. They never do activities. They lack adequate food and clothing. Moreover, they witness frequent fights between their mother and her spouse. [ 14 ] The mother seems surprised when the social worker comes home and tells her the DYP has to intervene. She pretends that everything is fine at home.

She minimizes the situation and blames the school. [ 15 ] The mother is on a methadone program in order to cope with an addiction to prescribed drugs. [ 16 ] When the social worker talks about entrusting the children to their father, the mother feels it is in order to punish her. [ 17 ] Considering the seriousness of the situation, both children are entrusted to their father, on a provisional basis, in April. [ 18 ] From that point on, their situation changes tremendously. [ 19 ] The father is aware of his children’s needs and able to answer them. He supports them in doing their homework.

In school, the children are well dressed with clean clothes. Their hygiene is good. They bring enough and adequate food to school. Both children look happier and healthier than they used to. [ 20 ] The father undertakes steps to get required health services for his children. He agrees that they benefit from a global assessment of their situation, as requested at the hearing by children’s counsel. [ 21 ] The father lives with his spouse and their young son. He is motivated to take care of his children.

His spouse is involved and willing to play a major role as well. [ 22 ] The father works outside the area, being away three weeks every month, until next September. However, his spouse supports him and will take care of the children while the father is absent. The paternal grandmother is involved as well and provides help. [ 23 ] The evidence convinces the Court that the security and development of the children are in danger because they suffer from neglect on physical, health as well as schooling level. Their mother fails to meet their basic needs, with respect to all three aspects of neglect indicated in

section 38b) of the Youth Protection Act . [ 24 ] The measures recommended by the DYP, to which all parties agree, are in the children’s best interest. The Court will also consider the children’s counsel’s request to get an assessment. It will shed light on the nature and the extent of their delays and problems. WHEREFORE, THE COURT: [ 25 ] GRANTS the petition for protection; [ 26 ] DECLARES that the security and development of X are in danger according to

section 38 of the youth protection act ; [ 27 ] ORDERS that the child be entrusted to his father, Mr.

B; [ 28 ] ORDERS that contacts between the mother and the child are determined following an agreement between the parties and supervised as long as deemed necessary by the DYP; [ 29 ] ACKNOWLEDGES the parents’ consent and AUTHORIZES the child’s counsel to have access to any school, medical or other social file in order to proceed to psychological and/or medical expertises; [ 30 ] ORDERS that the child receive all the psychosocial, medical or psychological services his situation requires; [ 31 ] ORDERS that the child is kept away from any adult conflict or conversation or denigration of one of his parents or their spouses; [ 32 ] ORDERS that the parents actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 33 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until May 30, 2017; [ 34 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment.

__________________________________ JANICK POIRIER, J.C.Q. Me Louyse A. Lemieux for the petitioner Me Kimon Kling for the child Me Alexis Deschênes for the mother Mr. B the father Date of hearing: June 7, 2016