2017 QCCQ 17086, 2017 QCCQ 17086

Protection de la jeunesse — 177644 2017 QCCQ 17086 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41- 032385-171; 525-41-032986-179 DATE : August 2, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on [...], 2008 Y , born on [...], 2009 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 ] As required under

Section 90 of the Youth Protection Act , the present judgment confirms in writing the decision rendered orally at the hearing held on August 2 nd , 2017. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the children alleging that their security and development are compromised due to their behavioural disturbances as well as neglect (inadequate supervision provided).

In addition, the Director alleges that X is subjected to unreasonable methods of upbringing by her parents and that Y is at risk of being subjected to unreasonable methods of upbringing. [ 3 ] The Director is asking that the children be entrusted to the care of their parents and that aid, counsel and assistance be provided for a period of one year. [ 4 ] The parents recognize the need to receive services, from the Director as well as from the community, in order to address the issues raised by the Director. They admit only certain facts alleged in support of the applications.

They agree with the recommendations sought by the Director but would prefer that the intervention of the Director come to an end in six months. [ 5 ] On behalf of X, counsel agrees with the recommendations sought by the Director without taking position on the duration of the court order to be rendered. [ 6 ] On behalf of Y, counsel for the child considers she has a legal mandate. She agrees with the recommendations of the Director. CONTEXT

[ 7 ] Both children are diagnosed with Opposional Defiant Disorder (ODD). In addition, X suffers from Attention Deficit Hyperactivity Disorder (ADHD). Medication recently prescribed to her has been beneficial. [ 8 ] At the time of the evaluation of the signalement, X becomes disorganized quickly, yells, screams, hits and bangs her hands on the walls and doors. She has tantrums that can last up to twenty minutes at the time. [ 9 ] The parents have expressed being challenged and overwhelmed, at times, by the difficult behaviour of X. They have requested help.

According to the mother, the help provided by the Jewish General Hospital and other service providers was not really helpful. [ 10 ] Y has also been demonstrating behavioural disturbances. In school and at home, the child has difficulty to respect the rules. She has also been defiant of school’s staff. [ 11 ] The parents recognize that they have been unable to implement appropriate structure and routine for the children.

The family has received therapeutic services from the CLSC and both children have attended the Jewish General Hospital day treatment program, three days a week, until mid-May 2017. [ 12 ] Professionals involved with the family have expressed concerns for ongoing conflicts at home. At times, the parents appeared to have difficulty in dealing with the issues to the point of being overwhelmed by the tantrums and crisis of X. [ 13 ] The parents recognize their limited capacity to respond to the needs of their children and have not only accepted the help but were proactive in finding resources.

A private therapist is now involved with the family and X is followed at the ADHD clinic at Tiny Tots . [ 14 ] The parents hope for the children to return to their previous school, Beth Rivkah. Discussions still need to take place with the school authorities to that effect and the Director will be involved in order to support the request of the parents. [ 15 ] Although the situation of X has recently improved, partly due to the new medication prescribed to her, the changes are recent. The Director strongly feels that continued intervention should take place for a year in order to address all the issues at stake.

Not only the children have to receive professional services but the parents have to address their conflicting parenting styles, develop insight into the situation and develop their ability to provide the structure and routine the children need. [ 16 ] The Director has established that the security and development of children are compromised as alleged. The recommendations made by the Director meet the needs of the children and are in their best interest. The length of time suggested by the Director is appropriate taking into account the situation and the longstanding issues at stake.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 17 ] DECLARES that the security and the development of X are compromised due to her behavioural disturbances, neglect (inadequate supervision provided) and physical abuse (unreasonable methods of discipline). [ 18 ] DECLARES that the security and the development of Y are compromised due to her behavioural disturbances, neglect (inadequate supervision provided) and risk of physical abuse.

AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 19 ] ENTRUSTS the children to the care of their parents; [ 20 ] RECOMMENDS that the family continue to receive services from an educator; [ 21 ] RECOMMENDS that the family continue to receive services from a family therapist; [ 22 ] ORDERS that the parents ensure that the children attend school on regular basis; [ 23 ] ORDERS the parents to collaborate with the Director of Youth Protection; [ 24 ] ORDERS that aid, counsel ans assistance be provided to the children and their parents for a period of one (1) year; [ 25 ] ENTRUSTS the situation of the children to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Edith Zavodni Attorney for the Director of Youth Protection

Me Adriana Chafoya-Hunter Attorney for the children Date of hearing : August 2 nd , 2017