2020 QCCQ 10686, 2020 QCCQ 10686

Protection de la jeunesse — 201421 2020 QCCQ 10686 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] « Youth Court Division » N°: 525-41-0 35740-190 Date: January 20, 2020 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2009 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of January 20, 2020, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A filed an Application to declare that the security or development of a child is in danger in the case of X , a ten year-old child, based on the serious risk of neglect and psychological ill-treatment to which he is exposed. [ 3 ] The Court was also presented with a similar application regarding the child’s sibling whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the application dated July 29, 2019 are as follows: 3.1. as relevant background information, the situation of the child has been previously deemed compromised in a decision of the court bearing the number 525-41-02575-130 (sic) due to neglect and psychological ill-treatment on June 18, 2012 by the Honourable Judge Taya Di Pietro and the measures were in effect for a period of two (2) years; 3.2. on July 2, 2014, the Honourable Judge Taya Di Pietro extended the measures for a period of nine (9) months; 3.3. since July 30, 2018, the child has been the subject of an Agreement on Voluntary Measures due to the parents failing to meet the child’s basic physical needs, failing to take the necessary steps to ensure that the child receives a proper education and the child’s serious behavioural disturbances, the whole for a duration of twelve (12) months; 3.4. since the signing of the voluntary measures, several issues continue to persist, more particularly but not restrictively in that:

a) the home continues to be cluttered and unhygienic;

b) the home has been infected by rodents;

c) the child has worn the same clothes and undergarments for several days in a row;

d) the child has not been provided with lunches on a consistent basis;

e) the child becomes disorganized when he does not have his lunch;

f) the child has continued to display violent behaviours; 3.5. the mother has not been collaborative with the youth protection worker; 3.6. the mother has been cancelling appointments or leaving the home when she is scheduled to meet with the worker; 3.7. the father has not been involved in the intervention; 3.8. ongoing support and monitoring are necessary (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, and considering positive changes since the date of the application, the Director recommends that the child remain entrusted to his parents, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 6 ] The mother, assisted by Me Pelletier, consented to all the proposed measures and agreed to collaborate to redress the situation. [ 7 ] The father was not present at the hearing.

However, he was aware of the recommendations and expressed his agreement to the worker. [ 8 ] Me Piriou, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Child’s birth certificate; D-2: Previous judgments bearing the #525-41-025475-120, dated June 18, 2012 and July 2, 2014, en liasse; D-3: Agreement on voluntary measures dated July 30, 2019; D-4: Court Report, signed by Leora Zunenshine, dated November 11, 2019. [ 10 ] In

summary, the uncontradicted evidence establishes that the children were living in an extremely cluttered and disorganized household. [ 11 ] The mother attributes some of her difficulties with housekeeping to debilitating knee pain. She also explains her hoarding behavior claiming that she intends to eventually send many of the things she has accumulated to needier members of her family in [Country A]. [ 12 ] She is nonetheless collaborative and acknowledges the need to redress the situation.

She has made modest improvements since the Director of Youth Protection’s involvement: At a home visit on October 2019, […] it was clear that Ms. A had made progress in her decluttering and she informed the undersigned that in addition to donating some items, she had brought one of the unused mattresses down to storage. She was encouraged to continue on this mission. [2] [ 13 ] As for X, he has made great progress since the implementation of the recommendations of his neuropsychological assessment: On [March 14, 2019], Ms. C went to see X at school.

They stated that he was doing well since implementing the recommendations from the neuropsychological assessment and they had been so effective that X no longer needed the IEP . Furthermore, with his new glasses, X is able to see, which has alleviated many of his frustrations. They also informed Ms. C that Ms. A had attended parent teacher conferences the day before and had been pleased with X’s progress. X attends an after school homework program called […], where is completes his homework with support.

They had also successfully implemented the recommendations and stated that X can attend their program full-time next year, since his behaviors have improved so much [3] (emphasis added). And more recently: On October 7, 2019, the undersigned spoke with Ms. D, psychoeducator at [Center A], who informed the undersigned that X has been doing well at school this year and that there have been no issues to report .

She is well-aware of the issues from last year and stated that here has been a big improvement from the previous year [4] (emphasis added). [ 14 ] The parents are strongly encouraged to continue to collaborate to provide an organized, safe and secure environment in which their children can thrive. [ 15 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and the development of the child, X , are in danger under sections 38 (b) (2) and 38 (

c) of the

Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 18 ] ORDERS that the child be entrusted to the care of his parents; [ 19 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court, more specifically that they: • maintain the home in a safe and orderly state acceptable to the Director of Youth Protection; • continue to collaborate with the CLSC and all involved professionals; • collaborate with the Director of Youth Protection, including meeting with the Director of Youth Protection delegate and/or educator as requested; [ 20 ] ORDERS that the parents continue to ensure that the recommendations from the child’s Neuro-psychological Assessment by Dr.

Ouimet are followed; [ 21 ] STRONGLY RECOMMENDS that the mother take steps to address her personal physical and emotional issues and report her progress to the Director of Youth Protection; [ 22 ] RECOMMENDS that the child participate in a structured extracurricular activity; [ 23 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family; [ 24 ] ENTRUSTS the situation of the child, X , 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; [ 25 ] THE WHOLE for a period of one year.

Signed on January 31, 2020 TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Sylvie Piriou Attorney for the child Me François Pelletier Attorney for the mother TD/vl