2023 QCCQ 6877, 2023 QCCQ 6877

Protection de la jeunesse — 233922 2023 QCCQ 6877 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] «Youth Division» N° : 505-41-010808-220 DATE : March 28, 2023 ______________________________________________________________________ PRESIDED BY : THE HONORABLE MARIO GERVAIS J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection of A, Applicant -and- X, born on […], 2007 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U D G E M E N T

Section 95.1 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 9.2 and 9.3 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) petitions the Court, in the matter of the child X , aged 15, with an Application for revision of a Court decision, according to Section 95(1) of the Youth Protection Act . [ 2 ] The original Court decision, rendered on June 21, 2022, declared the security and development of the child in danger for reason of parental neglect on educational level. [ 3 ] At that same date, the child remained in the care of his parents with the social follow-up of the Director for a period of nine months, including the obligation for the child to attend school regularly. [ 4 ] The Application of the Director for revision of a Court decision mainly seeks the extension of the social follow-up and mandatory school attendance until the end of the school year on June 23, 2023.

Position of the parties [ 5 ] The mother, the father and the child recognize the basis of the Director's Application and agree with the measures sought. Evolution of the situation and analysis [ 6 ] Let’s recall that school attendance by the child, his isolated lifestyle and the difficulties of the parents to implement a structured

and supportive living environment have been a recurrent issue. [ 7 ] The involvement of the Director in the family’s situation since November 1, 2021, has been of no avail, except when the child was entrusted to a foster family from May 27 to June 21, 2022. [ 8 ] At the child’s request, a psychological follow-up was offered to him, in order to address his anxiety. Unfortunately, the child attended only two sessions, one on May 26, and the other on June 10, 2022.

Since then the child has shown no motivation and skipped sessions, it was agreed to end the child’s psychological follow-up. [ 9 ] From September to mid-October 2022, the child did not attend school regularly in breach of the Court Order. Parents then gave the child full responsibility for attending school and did not apply real consequences to his failure to do so. [ 10 ] Hence, on October 19, 2022, the Court ordered the interim placement of the child in a reception center, more particularly a group home.

Still, the school attendance remained problematic, the child spending regularly his afternoon at home sleeping. [ 11 ] On February 3, 2023, the child was transferred in a regular unit of a reception center and was enrolled in a new school. Since then, the child attends school regularly, shows motivation, and develops his potential. [ 12 ] At the same time, parents have gotten more involved.

They have attended work-shops offered by the unit and demonstrated openness to the intervention of the Director. [ 13 ] The parents are willing to resume the custody of their child prerequisite that he attends school regularly. A contract setting out the obligations of the child and those of the parents has been drafted under the supervision of the Director.

Among other things, the parents undertake to drive their son to school every day. [ 14 ] The Court concludes that the security and development of the child are still in danger. [ 15 ] The situation requires that the child be entrusted to his parents with the social follow-up of the Director until June 23, 2023. For the same period, the child’s obligation to attend school regularly will be renewed. [ 16 ] After having received the admissions, taken the report produced and the testimonies heard into consideration, the Court concludes that the situation gives rise to all the measures sought.

FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and the development of the child X are in danger; [ 19 ] REVISES the Court order rendered on June 21, 2022; [ 20 ] ORDERS that the child be entrusted to his parents; [ 21 ] ORDERS that the child and his parents take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 23 ] ORDERS that the child attends school assiduously; [ 24 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of A for the execution of the present judgment; [ 25 ] THE WHOLE until June 23, 2023. ________________________________ Mario Gervais, J.C.Q. M e Adrienne Fournier-Sirois Attorney for the Director M e Kelly-Ann Sinnett Attorney for the child M e Gisèle Tremblay Attorney for the mother Date of signature : March 30, 2023