2015 QCCQ 19514, 2015 QCCQ 19514

Protection de la jeunesse — 154725 2015 QCCQ 19514 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-029043-148 Date: October 28, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2006 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Youth and Family Centres A Applicant -and- A , the mother The parent JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.Q., C. P-34.1 ) 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.). [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 28, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision and extension of an order rendered by the undersigned, on April 24, 2015, whereby the now nine year-old child, X , was entrusted to the care of her mother with aid, counsel and assistance, for a period of six months. [ 3 ] The facts alleged in support of the Motion for revision and extension dated July 30, 2015, are as follows: 3.1. the child remains in the mother’s care; 3.2. on May 4, 2015, the child began school at Elementary School A; 3.3. the child sporadically attended school and was present for only six (6) days until the end of the academic school year; 3.4. the child continues to struggle in French, English and Mathematics; 3.5. the school authorities express that the child will be getting extra help within the class in the upcoming academic year; 3.6. the mother’s finances are strained and she has admitted to not being able to provide school lunches for the child; 3.7. the mother has reported bringing the child to the emergency room and was recommended to seek the help of a psychologist; 3.8. although the mother has been collaborative with the case worker, the former has yet to provide a written medical report for the child’s visits to the hospital; 3.9. the child did attend a martial arts class until the end of April 2015 and attended an indoor swimming activity once a week until May 2015; 3.10. the mother continues to address her medical condition with weekly therapy and appears to be stable; 3.11. continued intervention is warranted, at this point in time, to monitor and ensure that the child has proper integration in the

upcoming academic school year and also to ensure that the child’s health issues are properly addressed (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the care of her mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 5 ] The mother, assisted by Me Lefebvre, admitted most of the alleged facts and acknowledged the need for ongoing services, but only for a period of three months. [ 6 ] The child’s father is not declared on her birth certificate. [ 7 ] Me Leclerc, on behalf of the child, made no admissions but approved of the mother’s position regarding the proposed length of the order. [ 8 ] The Director filed Exhibits D-1 to D-3 as evidence: D-1: Court report, written by [social worker 1], dated July 28, 2015; D-2: Addendum, written by [social worker 1], dated October 8, 2015; D-3: Absenteeism sheet for the 2014-2015 and 2015-2016 academic school year, en liasse (filed under

section 294.1 C.p.c.). [ 9 ] The mother filed Exhibits M-1 to M-3: M-1: Medical note concerning the child from Dr. Ibtissama Bouka, dated September 26, 2015; M-2: Discharge prescription concerning the child at Jewish General Hospital dated October 15, 2015; M-3: En liasse: Medical record at Ste-Justine Hospital dated July 9, 2015. [ 10 ] In

summary, the facts alleged in support of the motion are generally admitted. [ 11 ] Moreover, at the time of the hearing on October 28, 2015, the evidence established that the child had only been attending school regularly for the past week and that extra-curricular activities and counselling services were still forthcoming. [ 12 ] Documents adduced by the mother show that the child was suffering from psychosomatic abdominal pain which caused her to miss school at the end of the last school year, as well as sinusitis at the beginning of the current school year. [ 13 ] Given the very short period of time during which the child has been regularly attending school (a single week), given that no extra-curricular activities have begun, given that counselling services have yet to be provided and that the child is still waiting for other services to help her make up for her delays, given the severity of the child’s academic delays and the chronicity the difficulties that she has experienced, the Court is convinced that the nine months recommended by the Director of Youth Protection are essential to ensure that the services to meet the child’s needs are effectively in place to redress the situation and allow her to reach her potential.

THEREFORE, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the child, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the child remain entrusted to the care of her mother; [ 17 ] ORDERS that the child attend school on a consistent basis, on time, unless excused by a medical note; [ 18 ] ORDERS that the child receive any health care services that she may require, including counselling services, more particularly that she benefit from psychological counselling, as soon as possible, especially given her psychosomatic abdominal pain and symptoms; [ 19 ] RECOMMENDS that the child benefit from additional tutoring to help her catch up to an appropriate grade level for her age; [ 20 ] RECOMMENDS that she participate in an extra-curricular activity, as soon as possible; [ 21 ] ORDERS that the Director of Youth Protection be authorized to share and obtain information with the treating professionals involved with the family regarding participation and attendance; [ 22 ] TAKES JUDICIAL NOTICE of the mother’s consent; [ 23 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the child and her family; [ 24 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out;

[ 25 ] THE WHOLE for a period of nine months. TAYA DI PIETRO, Q.C.J. Me Georgia Limperis Attorney for the Director of Youth Protection Me Michel Leclerc Attorney for the child Me Josée Lefebvre Attorney for the mother TD/vl