2014 QCCQ 14191, 2014 QCCQ 14191

Protection de la jeunesse — 142280 2014 QCCQ 14191 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC District of [...] Youth Court Division N°: 525-41-028179-141 Date: April 24, 2014 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...] , 2008 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE , Mise-en-cause JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., C.P-34.1) JD2620 WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of April 24, 2014, in accordance with the provisions of

section 90 of the Youth Protection Act . [ 2 ] The Director of Youth Protection of A filed a motion to declare that the security and development of a child is in danger in the case of X , a five year-old child, based on the neglect and psychological ill-treatment to which he is exposed. [ 3 ] The facts alleged in support of the motion dated March 10, 2014 are as follows: 3.1. as relevant background information, the mother has legal custody of the child while the father has visitations rights, as stipulated in the Superior Court consent and judgment, dated January 23 rd , 2013, filed herein as exhibit D-1; 3.2. as relevant background information, a judgment under

section 47 was granted on March 4 th , 2014, thus extending the immediate protective measures invoked on February 28 th , 2014, whereby the child was placed in a foster family; 3.3. the parents do not meet the child's basic needs, more particularly but not restrictively in that:

a) in September 2013, the mother's neighbour and family friend, Mrs. C , was responsible of bringing the child to school in the morning, as the mother could not bring him in time without being late herself to her own classes;

b) a few weeks later, the mother left the child in the full time care of Mrs. C , with overnights;

c) according to the mother, she was seeing the child everyday after school for one (1) hour, and for a few hours during the week-end;

d) in December 2013, the mother moved to A with her younger daughter, but left the child in the care of Mrs. C ;

e) the mother states that she has not seen the child very often since she has moved, as Mrs. C was making contacts and visits difficult for her;

f) the mother states that Mrs. C became verbally abusive towards her, to the point that she had to stop calling her domicile but rather communicated with the child through Mrs. C 's eldest daughter;

g) despite her difficulties to communicate with the child, the mother has not made any steps to have him back to her care;

h) as the mother was uninvolved with the school authorities, she was not informed of the child's difficulties in school;

i) the mother was informed of the child's speech delays, but has not followed through with the referral from the CLSC due to financial difficulties;

j) the child has never seen a dentist;

k) the child's vaccines are not up to date and the latter had no paediatrician until the involvement of youth protection;

l) the father has last seen the child in August 2013;

m) the father states that he had very minimal contacts with the child due to the mother, who was making these visits difficult;

n) the father even disclosed to the youth worker that the mother, the child and sibling were missing, during the course of the Fall 2013;

o) the father has not, despite this situation, made any steps with the police nor procedures in Superior Court, to seek and find them;

p) the father's immigration status in Canada is unclear, but information is to the effect that he has been deported from Canada in 2011; 3.4. upon the youth worker's recommendations, the mother made an appointment with a paediatrician for the child, and has signed consents for the child to receive speech therapy, and a psychological and psycho-educational evaluation; 3.5. given the inconsistencies in the versions of each parent, given the instability lived by the child in the past months, placement in a foster home is necessary at this point in time (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing and considering recent improvements in the situation, the Director recommends that the child remain entrusted to his mother with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Bouchard, admitted most of the facts alleged in support of the motion and expressed her consent to all the proposed measures. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, admitted all the facts alleged in his regard and ignored those regarding the child and his mother.

He consented to the proposed measures. [ 7 ] Me Sicotte Ouellet, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: Birth certificate; D-2: Court report signed by [social worker 1] on April 16, 2014; D-3: Psychological assessment of the child signed by Diane McLean, dated April 10, 2014 (filed under s.294.1 C.p.c.); D-4: Judgment from Superior Court concerning the child, dated January 23, 2013 (file no: 500-12-315853-121). [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] Moreover, the child's psychological evaluation illustrates how he has suffered from rejection and neglect: X is a young boy who has tendencies of impulsivity, inattention, and opposition in addition to significant expressive language delays. He has challenges with self monitoring of his activity level and respecting boundaries. X also displays sensitivity and seeks friendships and attention. He is polite and likes to help.

His profile is symptomatic of an Attention Deficit Hyperactivity Disorder – behaviors which may be the result of his early experiences. X has had varied living arrangements with inconsistent parental contact. His behavioral difficulties and peer challenges would be, at least in part, a result of the disequilibrium and rejection/neglect he has experienced. In addition, it is not clear as to the type of care giving he received in his parents' absence. He is able to be redirected without great difficulty in a one to one situation.

His opposition frequently takes the form of withdrawal and silence in a pouting stance. [1] [ 11 ] The parents should closely follow the evaluation's recommendations, more particularly: X 's parents now want to be involved in his life. It will be critical that the re (sic) involvement be consistent and dependable. Co parenting without animosity and discord will assist with X 's social – emotional development.

[…] Implementing the recommendations of his speech and language assessment is important. His parents can be instrumental in implementing suggested strategies. […] It would be very beneficial if his parents would partner with his teachers related to the behavioral concerns experienced at school. [2] [ 12 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the measures are in the child's interest. [ 13 ] THEREFORE, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and the development of the child, X , are compromised under

section 38 b) 1) and 38

c) of 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 be entrusted to the care of his mother; [ 17 ] ORDERS that the frequency and modality of contacts between the child and his father be determined by the Director of Youth Protection, for as long as deemed necessary; [ 18 ] ORDERS that such contacts occur minimally once a week and that they be gradually increased insofar as the father respects the times scheduled for the visits and collaborates fully with the Director of Youth Protection; [ 19 ] ORDERS that the contacts be increased, as quickly as possible, taking into account the reactions of the child, so as to reflect the Superior Court judgment; [ 20 ] TAKES JUDICIAL NOTICE of the parents' undertaking to follow the recommendations made further to the child's psychological assessment and ORDERS that they do so; [ 21 ] TAKES JUDICIAL NOTICE of the father's expressed interest to benefit from a meeting with the author of the child's psychological evaluation so that its contents may be explained to him in detail and ORDERS that he benefit from such a meeting; [ 22 ] TAKES JUDICIAL NOTICE of the parents' undertaking to work with an educator and ORDERS that the family benefit from the services of an educator for as long as deemed necessary; [ 23 ] ORDERS that the child receive all health care services required by his condition, more particularly that he benefit from services to address his language delays and that he benefit from a psycho educational assessment as recommended in his psychological assessment [3] ; [ 24 ] ORDERS that the parents collaborate with the Director of Youth Protection and report on the steps taken to correct the situation; [ 25 ] ORDERS that the parents refrain from making any denigrating statements about one another in the presence of the child; [ 26 ] ORDERS that a person working for A provide aid, counsel and assistance to the child and his family; [ 27 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of A , who shall then see that the measures are carried out; [ 28 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Nadia Sabik / AN2652 Attorney for the Director of Youth Protection

Me Émilie Sicotte Ouellet / AJ0DN1 Attorney for the child Me Daniel Bouchard / AY3558 Attorney for the mother TD/vl