2020 QCCQ 3375, 2020 QCCQ 3375

Protection de la jeunesse — 204065 JL5004 2020 QCCQ 3375 COURT OF QUEBEC « Youth Division » CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 540-41-004677-166 DATE : MAY 4, 2020 ______________________________________________________________________ BY THE HONOURABLE LISA LEROUX, J.C.Q. [SOCIAL WORKER 1] , Youth protection worker duly authorized by the Director of Youth Protection A, Applicant And X Born on [...], 2009 Child And A B Parents JUDGMENT

Section 95 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 11.2.1 and 135 Y.P.A.)

[ 1 ] The Director of youth protection (Director) presents an application for revision of a judgment rendered by Justice Jean LaRue on November 29, 2019. At that date, the child is maintained with the mother with various measures aiming to help the family. [ 2 ] The child situation was declared in danger by reason of education neglect from the mother in 2016 and for psychological ill- treatment in 2017 because of the father’s attitudes towards him.

The Director has been involved in the family ever since. [ 3 ] CONSIDERING that new facts have occured since the judgment of Justice LaRue, notably that the mother’s ex-boyfriend, Mr. C has had inadequate educational interventions towards the child in the previous months; [ 4 ] CONSIDERING that the child was exposed to the conflicts between the mother and Mr.

C, and that the child’s reacted strongly to their break-up by a change in his behaviors; [ 5 ] CONSIDERING that the Director was not informed of the abovementioned facts until December 2019; [ 6 ] CONSIDERING that the mother didn’t take proper measures to ensure the child’s protection against Mr. C.

In fact it took a report to the Director and interim measures imposed by the court to make sure the child was safe in his family environment. [ 7 ] CONSIDERING that until recently the mother had difficulties to set a constant and predictable routine for the child and that she recognized being overwhelmed by her daily parental responsibilities; [ 8 ] CONSIDERING that it is only recently that the mother made some positives changes in her life to better respond to the child’s needs. [ 9 ] CONSIDERING that she admits needing the help of the Director in order to consolidate the new routine so the child can feel safe and have more stability. [ 10 ] CONSIDERING the mother is in agreement with the recommendations and with the period of one year for their application. [ 11 ] CONSIDERING that the father is still absent from the child’s life; [ 12 ] CONSEQUENTLY AND FOR ALL THESE REASONS, THE TRIBUNAL : [ 13 ] GRANTS the application for revision; [ 14 ] DECLARES that the security and development of X are still in danger under paragraphs b) 1) iii) and

c) of

section 38 of the Youth Protection Act ; [ 15 ] ENTRUSTS X to his mother; [ 16 ] ORDERS that the contacts between X and his father be suspended; [ 17 ] ORDERS that the mother actively participates in all the suggested measures in order to put an end to the compromising situation; [ 18 ] ORDERS that the mother ensures that she or someone responsible supervises and accompanies her son in his morning and after class routine; [ 19 ] ORDERS that the child is not left unsupervised in the presence of Mr.

C; [ 20 ] ORDERS that the mother reports regularly to the DYP to inform of the evolution of the situation; [ 21 ] ORDERS that the child receive all health services related to his condition; [ 22 ] ORDERS that the exercise of certain parental authority be withdrawn from the father regarding healthcare and all school matters, and entrusts these attributes to the mother; [ 23 ] ORDERS that the DYP inform the father of his son’s evolution so long has he collaborates with youth protection; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 25 ] THE WHOLE, for a period of 12 months; [ 26 ] ENTRUSTS the situation of X to the DYP of CISSS A for the enforcement of this order;

May 20th, 2020 __________________________________ LISA LEROUX, J.C.Q. This is the written and reasoned version of the oral judgment handed down on May 4, 2020 in accordance with

section 90 of the Youth Protection Act . Mtre. Marie-Pier LORTIE Counsel for the Directeur de la protection de la jeunesse Mtre. Anne LARIVIÈRE for Mtre. Éric OUELLETTE Counsel for the adolescent Mtre. Francois LEGAULT Counsel for the mother B Father LL/hl- tt