2021 QCCQ 9692, 2021 QCCQ 9692

Protection de la jeunesse — 215763 2021 QCCQ 9692 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No.: 505-41-010546-218 DATE: October 1, 2021 ______________________________________________________________________ PRESIDING: THE HONOURABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- X, born on [...], 2004 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or a child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) asks the Court to declare that the security and development of the child are in danger due to neglect on an educational level. [ 2 ] The Director recommends that the child remain in her family and that she attends school. Measures of assistance are proposed for a period of nine months. [ 3 ] The parents and the child agree with the intervention of the Director but for a shorter period. FAMILY SITUATION [ 4 ] The parents are separated.

The child lives with her mother. [ 5 ] On September 24, 2020, the parties signed an Agreement on Voluntary Measures for a period of nine months. The family recognized that the child had not been attending school on a regular basis since October 2019. [ 6 ] The child is suffering from anxiety. She has been diagnosed recently with general anxiety disorder. She receives medication and consults a private psychologist every two weeks. She also receives help from a school psychologist. CONTEXT AND ANALYSIS [ 7 ] The situation of the child has improved since the intervention of the Director.

During the school year 2020-2021, the child went to school three or four days a week instead of none. Sometimes, the parents picks her up from school before the end of the day. [ 8 ] The child maintains the importance to obtain her diploma. She likes drama class and seeing her friends at school. She attends a

specialized class with a reduced number of students. [ 9 ] An external educator helps the family. The mandate is to support the parents to put a structure at home, help the child deal with her anxiety and increase her school attendance. [ 10 ] The Director mentions that the mother is so reliant on approval and affection from her daughter that she refrains from doing something that may inconvenience her, even if it is for her own good. [ 11 ] Since the beginning of the school year in September 2021, the chid missed two days of school because of her anxiety.

The mother is more able to put in place the structure her child requires. [ 12 ] Considering the evolution and that the child is feeling better due to her medication, the intervention of the Director will be maintained until February 1, 2022.

FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of the child are in danger for the following reason: ➢ 38 b) 1° iii : neglect on an educational level; [ 15 ] ORDERS that the child be entrusted to her family; [ 16 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 17 ] ORDERS that the child ant the parents take an active

part in the application of the measures ordered; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her family; [ 19 ] RECOMMENDS that the child continue with her psychological follow-up; [ 20 ] ORDERS that the child attend school regularly; [ 21 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the measures ordered; [ 22 ] THE WHOLE until February 1, 2022. __________________________________ Lyne Morin , J.C.Q.

Mtre Véronique Crête Counsel for the Director of Youth Protection Mtre Jean Pierre Gaudreau Counsel for the child Date of hearing: Judgment signed: October 1, 2021 October 5, 2021