2023 QCCQ 8548, 2023 QCCQ 8548

Protection de la jeunesse — 232773 2023 QCCQ 8548 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000973-232 DATE : MAY 2 nd , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2010 Child and [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A Health and Social Services A, working in Town A, Applicant and A B , Parents . JUDGMENT

Article 38 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) submits an application under

section 38 of the Youth Protection Act (YPA) asking

the Court to declare that security and development of the child are endangered under

section 38 ( b ) (2)- risk of neglect- and 38 ( f ) - behavioral disturbances of the YPA. [ 2 ] The Director asks the Court to order that the child be entrusted to a foster home for a period of six months and to order several assistance measures including aid, counselling and assistance to the child and the child’s family for the same period. [ 3 ] The mother admits some facts, denies, and ignores others. She contests to the measures.

She’s asking the Court to entrust the child under her care. [ 4 ] The child wants to be remained under the care of his mother. [ 5 ] The evidence reveals the following facts. [ 6 ] The child is 12 years old. He wants to be in a relation with his father, feeling not being loved by him. [ 7 ] On March 29 th , 2023, he has been entrusted into the care of the mother under provisional measures. Since then, his situation remains basically the same. He has been attending school, but his attendance is very poor. [ 8 ] He asks a neuropsychological assessment because he has difficulty to concentrate.

He admits smoking marijuana daily with the mother’s knowledge. He recognizes that smoking marijuana doesn’t help his concentration. He wants to get help to address this issue. [ 9 ] He certainly needs to see a doctor who will refer him to the specialists. Services from psychologist and psychiatrist have been offered to youth but unfortunately he did not present himself for appointments. [ 10 ] The child told the Court that he was not aware of these appointments. The youth wants to resume follow-ups.

The Youth Protection worker told the Court that it is possible that these follows-up in psychiatry and psychology be enabled. [ 11 ] The youth needs guidance to attend school regularly, to benefit from his follow-ups in psychiatry and psychology. [ 12 ] The Youth Protection worker testified that it is possible with the collaboration of the mother and the youth’s commitment to collaborate in maintaining his follow-ups to be entrusted to the mother. [ 13 ] Given the whole evidence, the assessment of the situation by the Youth Protection worker, his testimony, the mother’s commitment to collaborate with Director of Youth Protection and the youth’s consent to collaborate and to engage in the follow-ups to address his issues, the Court concludes that it is in the interest of the youth to be entrusted to the mother. [ 14 ] The Director should monitor closely this situation. [ 15 ] Therefore, the Court will entrust the child to his mother for a period of four months until the end of the summer to give the mother and the child the opportunity to take the necessary steps to improve the situation. [ 16 ] The Court will also order measures to protect the child and to ensure that his needs are answered. [ 17 ] Given the whole evidence, the position expressed by all parties and namely the social worker testimony, the Court concludes that these recommendations are in the interest of the youth shall he and the mother seriously engage in the services offered by Youth Protection.

FOR THESE REASONS, THE COURT : [ 18 ] GRANTS the Application; [ 19 ] DECLARES that the security and development of X born on [...], 2010 are endangered under

section 38 ( b ) (2) and 38 (

f) of the Youth Protection Act ; [ 20 ] ORDERS that the child remain entrusted to his mother for a period of four (4) months ; [ 21 ] ORDERS that child attend school on a regular basis without any unjustified absences; [ 22 ] ORDERS that the child receive specific health care and health services namely a psychologist, a psychiatrist and a medical appointment with a doctor to assess his concentration issues; [ 23 ] ORDERS that the child goes to his medical appointments; [ 24 ] ORDERS the mother to seek help for her personal issues, for her consumption issues and for her parental capacities namely, through intense family therapy; [ 25 ] ORDERS the mother to seek services to stabilize her living situation; [ 26 ] AUTHORIZES the Director of Youth Protection obtain and share information with service providers working with the children and the child’s parents; [ 27 ] ORDERS that aid, counselling and assistance be provided to the child and the childs’ family for a period of six (6) months ;

[ 28 ] The whole until November 2 nd , 2023; [ 29 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the execution of the present order. ___________________________________ LUCIE GODIN, J.C.Q. M e Magdalena Lempicka Attorney for the Director of Youth Protection M e Fanny Wylde Attorney for the mother Father absent, not represented M e Marie-Josée Ayoub Advocate for the child Date of hearing : May 2 nd , 2023 Last exhibit: D-3