2017 QCCQ 699, 2017 QCCQ 699

Protection de la jeunesse — 1737 2017 QCCQ 699 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 614-41-000166-167 DATE: January 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2001 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A Board of Health and Social Services A, working in Town A, Quebec, District A Applicant A MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town A, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 38, 75 and 91 Y.P.A., R.S.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 ] The Director of Youth Protection of the A Board of Health and Social Services of A submits to the Court a motion asking that the security and development of X, 15 years old, be declared in danger because of the neglect of her parents to provide her all the needed care required for the child’s physical or mental health, or not allowing the child to receive such care and failing to provide the child with the appropriate supervision or support, or failing to take the necessary steps to provide the child with schooling (section 38 (b) (1) ii. and iii.

Y.P.A.). [ 2 ] At the hearing, the youth and her parents are present, assisted by Me Yan Massé and Me Michel Grenier. Me Camille Champeval assists the applicant. [ 3 ] Following the admissions of the parties and letters of Dr Ross, Mrs C and Mrs D, the Court declares the security and development of the youth in danger for the alleged motives. [ 4 ] The youth was diagnosed with diabetes in 2010 and lots of interventions were provided in order for the youth to acknowledge the consequences of her illness.

The family is known by the Director of Youth Protection for few years now. [ 5 ] However, the youth is not following through. In 2014, the Director of Youth Protection noticed that the parents were neglecting to take the youth at all her medical appointments. [ 6 ] The youth has panic attacks. Last November 10, 2016, she was brought to the clinic because of a panic attack. [ 7 ] The youth misses a lot of school. The parents drink in presence of the youth and they also provide her cigarettes.

The parents are well aware of the youth’s important medical needs, but they neglect them. [ 8 ] At the applicable measures inquiry, a social study is filed. The youth recognizes that she needs help and is ready to collaborate. Also, she agrees to be evaluated by a psychologist and if a follow-up is required, she will collaborate. [ 9 ] The parents declare that they let their daughter decide because they did not want to confront her.

They realize that they did not assume their responsibilities towards their daughter, and now, they will be more sensitive and attentive to her needs. [ 10 ] They are ready to change their way of behaving and will follow the recommendations of the doctors and the social worker. FOR THESE MOTIVES, THE COURT:

[ 11 ] DECLARES the security and development of X in danger; [ 12 ] MAINTAINS the youth with her parents; [ 13 ] ORDERS that the youth be evaluated by a psychologist ant that she receive a follow-up if required; [ 14 ] ORDERS that X attend all her medical appointments and take her medication as prescribed; [ 15 ] ORDERS the youth to attend school regularly; [ 16 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and her parents for a period of one year; [ 17 ] ORDERS that the Director of Youth Protection be authorized to obtain and share information with all services providers concerning X’s situation; [ 18 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Camille Champeval Attorney for the applicant Me Michel Grenier Attorney for the parents Me Yan Massé Attorney for the youth Date of hearing: December 7, 2016