2016 QCCQ 5261, 2016 QCCQ 5261

Protection de la jeunesse — 161760 2016 QCCQ 5261 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030656-169; 525-41-030655-161 DATE : March 16, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on [...], 2000 Y , born on [...], 2003 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on March 16 th , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of two adolescent girls (now aged 16 and almost 13) alleging that their security and development are compromised due to negligence (in regards to their medical needs as well as school attendance).

The Director is asking that the adolescents remain entrusted to their parents, that they attend school regularly and that aid, counsel and assistance be provided for a period of one year. [ 3 ] The parents admit essentially all the facts alleged in support of the motions. They are in agreement with the recommendations made by the Director and welcome the help and support offered to them. [ 4 ] On behalf of the adolescents, almost all the facts alleged in support of the motions are admitted. The adolescents are also in agreement with the recommendations of the Director.

CONTEXT [ 5 ] The family immigrated to Quebec in 2009, claiming refugee status.

[ 6 ] In November 2014, the situation of the adolescents is signaled to the Director. The evaluation of the signalement reveals that the children are regularly absent for school for basically two reasons: they are often too sick to attend school and their parents ask them to be accompanied in the different steps they are taking in order to discuss their situation with immigration authorities. [ 7 ] Following the evaluation, voluntarily measures were signed in April 2015 for a period of one year.

It was requested that the adolescents attend school regularly and the parents ensure that the children's medical needs be met. [ 8 ] Despite the services provided and the involvement of the Director, the adolescents remain absent from school and in fact, rarely attend school. [ 9 ] Both adolescents are often reported to be sick and the parents need help and guidance to ensure that their daughters receive appropriate medical attention. [ 10 ] The Director established that the security and development of both adolescents are compromised due to negligence pertaining to their medical needs as well as school attendance.

The recommendations made by the Director meet the needs of the adolescents and are in their best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 11 ] DECLARES that the security and the development of the children are compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 12 ] ORDERS that X and Y attend school each day unless the absence is justified by a medical note; [ 13 ] ORDERS that Y receive the health care and services she needs, namely: a regular medical and a psychological follow-up; [ 14 ] ORDERS that X receive the health care and services she needs, namely: a follow-up in gastroenterology, in physiotherapy, a follow-up at the chronic pain clinic and a regular medical follow-up; [ 15 ] ORDERS that aid, counsel and assistance be provided to the children and their family for a period of one (1) year; [ 16 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Edith Zavodni Attorney for the Director of Youth Protection Me Mylène Saad Attorney for the children Date of hearing : March 16 th , 2016