2020 QCCQ 5113, 2020 QCCQ 5113

Protection de la jeunesse — 205007 2020 QCCQ 5113 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N° : 450-41-007687-206; 450-41-007688-204; 450-41-007689-202 DATE : October 7, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2016 Y Born on [...], 2014 Z Born on [...], 2010 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A The mother -and- B The Father ______________________________________________________________________ RECTIFIED JUDGMENT [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.).

Introduction [ 1 ] The Director is requesting that Court declare the security and development of the children X, Y and Z in danger for the motive of educational and health neglect [1] Today, as protective measure, the Director is recommending to entrust the children to their parents, to order that the children receive all the health care required by their situation, namely for Z’s ASD and X’s medical evaluation, to take act that the parents commit to respecting the medical recommendations issued, to take act that a request for educational rehabilitation from the Director is currently being analyzed, to order that the children attend school or daycare on a full-time basis, and to order a social follow-up for a period of one year. [ 2 ] The Tribunal proceeds by fast track under a non-attendance agreement signed by the parties .

The parents are present and represented. They both consent to the measures sought. [ 3 ] The current situation of the children is as described by the Director in her application for protection and application for provisional compulsory measures: «3. (…)

a) Z has been diagnose with Autism Spectrum Disorder (ASD) by Dr. Marc Soucy;

b) This doctor suggest that Z be register in a special class to enable her to develop her learning potential;

c) The parents do not agree with the diagnosis and want a second evaluation in child psychiatry;

d) The parents refuse to register Z in a special class because they consider that it does not meet her needs;

e) The hygiene of the children is deficiency, both in terms of buccal, clothing and food container;

f) The family is socially isolated;

g) The parents do not let their children out since the beginning of the pandemy;

h) Y can be maintain in the family bedroom where the only furniture is three mattresses put on the floor;

i) The worker have noted that there is a lock on Y’s room, preventing him to get out. The parents accepted to take it out;

j) Z said that her parents often hit her in the face, with an open hand, when she is mean or not responsible enough to look after her brothers;

k) The parents denied hitting their children. They consider a lack of respect and professionalism saying if might have happened;

l) The children are often stimulated by television and cellular screens;

m) The parents do not recognize that their children lack socialisation and stimulation;

n) The parents no longer offer collaboration to the Director of Youth Protection;

o) The parents pretend that the intervention of the Director of Youth Protection traumatized their children;» [ 4 ] By their agreement, the parties recognize the alleged facts and that the proposed measures meet the children’s needs. [ 5 ] The Court also considers that the situation evidenced in the reports produced herein gives rise to the sought measures.

FOR ALL THESE MOTIVES THE COURT : GRANTS the present application; DECLARES that the security and development of the children X, Y and Z are in danger for the following reason: - 38 b) 1) (iii) Educational neglect; - 38 b) 1) (ii) Health neglect; ENTRUSTS the children to their parents; ORDERS that the parents participate actively to the measures set forth to end the situation that puts the children in danger, particularly to the intervention plan, the psychosocial follow-up and the scholar follow-up; ORDERS that the children receive all the health care required by their situation, namely for Z’s ASD and X’s medical evaluation and TAKES ACT that the parents commit to respecting the medical recommendations issued; TAKES ACT that a request for educational rehabilitation from the Director of Youth Protection is currently being analyzed; ORDERS that an educational rehabilitation be put in place for the family; ORDERS that the children attend school or daycare on a full-time basis; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the children and their family for a period of one year; ENTRUSTS the situation of the children X, Y and Z to the Director of Youth Protection to see that the measures are carried out; ___________________________________ PASCALE BERARDINO, J.C.Q.

M e Sara D Castro Counsel for the Director Of Youth Protection M e Mélissa Robert Counsel for the children

Me Marie-Carole Descollines Counsel for the mother Me Marco-Pierre Caza Counsel for the father Date of the hearing: October 7, 2020