2020 QCCQ 9567, 2020 QCCQ 9567

Protection de la jeunesse — 202284 2020 QCCQ 9567 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000662-202 DATE: May 14, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2009 Child and A Mother/Defendant ______________________________________________________________________ CORRECTIVE 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 ] Considering the judgment rendered on April 29, 2020; [ 2 ] Considering the error that appears in the file number; WHEREFORE, THE COURT: [ 3 ] CORRECTS the judgment rendered on April 29, 2020 in order to modify the file number so that is reads as follows: 145-41- 000662-202 instead of 145-41-000634-193. __________________________________ JANICK POIRIER, J.C.Q. Me Louyse A. Lemieux for the applicant

Me Isabelle Gagnon for the child Mrs.

A the mother JP2122 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000634-193 DATE: April 29, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2009 Child and A Mother/Defendant ______________________________________________________________________ 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 has lived with his grandmother since he was very young. The grandmother was granted legal custody years ago.

The child sees his mother sporadically. [2] The director of youth protection (DYP) works with the family since 2018, under agreements on voluntary measures because the child suffers from neglect. [3] Alleging that the child is still submitted to neglect and that he shows behavioural disturbances, the DYP asks the Court to order the application of protective measures. [ 4 ] The child’s lawyer agrees with the DYP. Neither the mother nor the grandmother participate in the hearing. [ 5 ] Following the hearing, the Court renders judgment orally, granting the application. Here are the reasons supporting that decision.

[ 6 ] The child demonstrates behavioural problems in school. That situation has been going on for years. He has trouble with social skills, managing his emotions, remaining attentive and controlling his aggressiveness and impulsivity. He uses force on other children. He also shows inappropriate sexual conduct towards his peers. Moreover, he does not express regrets nor empathy towards other children, which is a major concern for the school. [ 7 ] The child has attention deficit hyperactivity disorder (ADHD). The school had to insist for him to be assessed.

At first, the grandmother refused to follow the school’s recommendation in that matter, saying that the child has no problems. She finally agreed and the child takes a medication in regard to ADHD. [ 8 ] Due to the seriousness of his difficulties, the child is on reduced school timetable. Despite that situation, he is able to keep up and he gets good academic results. [ 9 ] The grandmother does not acknowledge that the child has behavioural problems. She refuses to give credit to the school’s observations. In fact, she blames the school.

The grandmother gets upset when speaking to the school principal and can be very rude and disrespectful on the phone, in the presence of the child. [ 10 ] The social worker notices that, at the grandmother’s home, there is no set routine, supervision or rules. [ 11 ] The evidence convinces the Court that the child’s security or development is in danger. The child suffers from neglect in regard to health as well as education. He also shows serious behavioural disturbance. [ 12 ] The child needs to live in an environment that is consistent, coherent and stable.

The grandmother is the primary caregiver, since she took care of the child for most of his life. However, the grandmother’s attitude undermines the child’s development. [ 13 ] The grandmother must collaborate with the school and the DYP for the child to receive all the help his situation requires. [ 14 ] This young child’s problems are serious and long-lasting. Changes must occur quickly for the situation to improve. [ 15 ] The measures that the DYP recommends appear to meet the child’s need and interest.

FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and development of X are considered to be in danger according to sections 38b)1 o ii, 38b)1 o iii and 38f) of the youth protection act ; [ 18 ] ORDERS that the child be entrusted to his grandmother; [ 19 ] ORDERS that contacts between the child and his mother be determined according to agreement between the parties; [ 20 ] ORDERS that the child's grandmother report periodically to the DYP on the measures she applies to put an end to the situation in which the security or development of the child is in danger; [ 21 ] ORDERS that the child receive specific health care and health services, namely his medical follow-up; [ 22 ] ORDERS that the child and grandmother benefit from outpatient rehabilitation services as deemed necessary by the DYP; [ 23 ] ORDERS that the grandmother and the mother actively participate in the application of the measures ordered; [ 24 ] ORDERS that a person working in an organization or institution provide to the child and his family aid, counselling and assistance until April 30, 2021; [ 25 ] ENTRUSTS the situation of the child to the director of youth protection 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 Mrs. A the mother (absent) Written judgment filed on May 11, 2020