2021 QCCQ 4777, 2021 QCCQ 4777

Protection de la jeunesse — 212462 2021 QCCQ 4777 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000662-202 DATE: April 28, 2021 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2011 Child and A Mother/Respondent ______________________________________________________________________ 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 ] The child lives with his grandmother.

He suffers from neglect and shows behavioural disturbances. [ 2 ] A year ago, the Court declares that the security and development of the child are in danger according to the Youth Protection Act and orders the application of measures in order to correct the situation. [ 3 ] The director of youth protection (DYP) now asks the Court to extend the application of protective measures until the end of 2021. [ 4 ] Neither the mother nor the grandmother participate to the hearing.

Child’s counsel agrees with the measures that the DYP recommends. [ 5 ] Despite some improvement, the child’s situation still requires a follow-up from the DYP. [ 6 ] The grandmother offers a better collaboration to professionals who support the child. She attends meetings with the DYP and she makes efforts in order to apply their recommendations. [ 7 ] However, the grandmother still minimizes the child’s difficulties. Moreover, working in collaboration with the school remains challenging for her. The grandmother is overprotective with the child and she fears that the school is against him.

The grandmother makes efforts to be respectful with school authorities, but her cooperation fluctuates over time. [ 8 ] The child still demonstrates behavioural issues in school, but to a lesser extent than before. He is more able to have positive social interactions. He still struggles because of his impulsivity, lack of empathy and attention deficit hyperactivity disorder (ADHD). He also shows signs of anxiety. Nevertheless, he is now able to attend school on a full-time basis, since the beginning of the current school year. [ 9 ] The child now has a follow-up with the child psychiatry team.

The grandmother appears reluctant at first, and she cancels the first meetings. The DYP has to insist for the appointment to finally take place. The child psychiatrist prescribes a new medication to the child. Again the DYP has to insist and the grandmother finally agrees and gives the child his medication. [ 10 ] The evidence convinces the Court that the application is well founded. The measures that the DYP suggests appear the meet the child’s best interest.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the application for revision and extension of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 13 ] REVISES AND EXTENDS the Court order rendered on April 29, 2020 and rectified on May 14, 2020; [ 14 ] ORDERS that the child be entrusted to his maternal grandmother; [ 15 ] ORDERS that the grandmother report periodically to the DYP on the measures she applies in the child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 16 ] ORDERS that contact between the child and his mother be determined according to an agreement between the parties; [ 17 ] ORDERS that the child receive specific health care and health services, especially a medical follow-up and a child psychiatric follow-up; [ 18 ] ORDERS that the child and the grandmother benefit from outpatient rehabilitation services as deemed necessary by the DYP; [ 19 ] RECOMMENDS that the child, the grandmother and the mother play an active role in the application of any measures ordered; [ 20 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until December 31, 2021; [ 21 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the child Ms. A the mother (absent) Date of hearing: April 28, 2021