2020 QCCQ 6464, 2020 QCCQ 6464

Protection de la jeunesse — 205841 2020 QCCQ 6464 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006302-205 DATE: September 16, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2007 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant 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 ] Alleging that the security and development of the child X are in danger in reason of neglect and psychological ill-treatment, the applicant seeks a protection order for 10 months. [ 2 ] The mother accepts the contents of the reports and accepts the orientation. As for the father, he consigns his agreement. Through his attorney, the child stipulates accepting to participate in the follow-up, although he doesn’t really sees its necessity.

Analysis and decision [ 3 ] The child resides with his mother and stepfather. As his father presently resides overseas, their contacts are mostly maintained by virtual means. Visitation is agreed upon a few times a year. [ 4 ] Issues have been ongoing as to X’s functioning, mostly in reason of challenges associated with his attentional capacities, social- emotional functioning and severe learning difficulties.

He follows a modified individualized education program in school to address his learning and behavioural concerns. [ 5 ] A psychological evaluation forwards a series of recommendations destined to support his functioning, including recourse to services and further evaluations. These recommendations are not integrally put in place. [ 6 ] X’s situation continues to degenerate, both at home and in his school setting. [ 7 ] On April 30, 2020, the Director retains a situation of endangerment in regards to various issues affecting the child in his maternal environment.

Namely, the following is observed: • X is more than 3 years behind academically. • He consistently demonstrates inappropriate behaviours in his home and school setting. • X is often late or absent from school. • Despite recommendations from professionals, the child isn’t receiving a coherent response to his needs on multiple levels (routine, mental health evaluation, pediatrician, tutoring services). • X has been awaiting his medicare card for over a year.

• X has few rules at home nor a healthy

schedule (playing video games late into the night). • The mother has difficulties establishing and applying age-appropriate rules and consequences. • Services are put in place and result in certain improvements, but such are not maintained. • X has been exposed to conflicts between his mother and her spouse. He states that these occurs almost daily and that the fights never stop. Some have resulted in police interventions. [ 8 ] Both parents collaborate with the caseworker. While recognizing that their son has certain difficulties, they tend to blame the school system and downplay his absences.

The father minimizes his son’s learning difficulties and leaves the responsibilities to parenting to the mother. [ 9 ] Since the Director’s intervention, improvements are noted in the child’s situation. Both the parents and the child stipulate that the family dynamic is better and that conflicts are no longer present. X is more present at school and is benefitting from tutoring. [ 10 ] X requires a stable and a structured environment to respond to his specific needs. As well, services are needed to help his family understand and better deal with his challenges.

Up until now, despite having good intentions, the family has been overwhelmed by his needs and unable to adequately focus on these, resulting in his increasing difficulties. [ 11 ] Although the situation is improving, the Court considers that the risk of instability remains significant, justifying that protective measures be in place. [ 12 ] Furthermore, it would be in X’s best interests that the parents assume a more balanced role in his life, specifically that his father involve himself on a more constant basis in his son’s schooling and services. [ 13 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought.

FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES that the security and development of the child are in danger for the following reasons: • neglect of health care needs (article 38b)1)ii) Youth Protection Act ) • educational neglect (article 38b)1)iii) Youth Protection Act ) • psychological ill-treatment (article 38c) Youth Protection Act ) [ 16 ] ORDERS that the child remain with his family; [ 17 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regards or the child’s regard to put an end at the situation in which the security or development of the child are in danger; [ 18 ] ORDERS that the parents take an active

part in the application of the measures; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 20 ] ALL THESE MEASURES for 10 months; [ 21 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Ms. Frédérique Earl Bélanger Clerking attorney for the Applicant Me Annie Girard Attorney for the mother Me Karine P. Poissant Attorney for the child Date of hearing: September 16, 2020 Date of signature October 27, 2020