2023 QCCQ 2549, 2023 QCCQ 2549

Protection de la jeunesse — 23916 2023 QCCQ 2549 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 635-41-001222-220 DATE: February 8, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2011 Youth and A Mother and B (deceased) Father ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submits an application for protection concerning the adolescent X, born on [...], 2011. [ 2 ] The Director seeks a declaration that the security and development of the adolescent in danger under

section 38 (b)(1)(iii) of the Youth Protection Act (educational neglect by the mother). [ 3 ] The mother and the adolescent do not contest the application. The mother acknowledges her difficulties in setting limits for her daughter. The adolescent has very poor school attendance and the mother is unable to change this situation. [ 4 ] According to the evidence, the adolescent has been going on social media until 3:00 in the morning. The mother cannot wake her up to attend school in the morning.

This situation has been going on since the beginning of the school year. [ 5 ] The school authority told the youth protection worker that the adolescent has attended school 17 days since September 2022. [ 6 ] The adolescent is described as a brilliant and artistic girl. She has the potential to perform very well academically.

Unfortunately, her motivation is very low and the mother lacks resources to deal with this situation. [ 7 ] However, the mother and daughter have a good bond, and they are willing to work together and cooperate with youth protection services to improve their situation. [ 8 ] Both are affected deeply by the loss of the adolescent’s father. They are still grieving, and the adolescent needs support to get through this hard time. She has agreed to receive specific services and is open to addressing this issue with either a social worker from social services or a psychologist. [ 9 ] The adolescent smokes cannabis.

During her few days of attendance at school, she was intoxicated by marijuana. The mother seems to be overwhelmed by the situation and will have to be supported to exercise her authority to prevent this kind of behaviour. The mother expressed an ambiguous position regarding her daughter drug habits. [ 10 ] The Court considers the security and development of the adolescent to be in danger under

section 38(b)(1)(iii) because of the

mother lack’s of parenting skills to provide her child with a structured environment and a daily routine. The mother’s poor parental capacity has affected the adolescent’s development, particularly in the educational sphere. [ 11 ] The Court must also decide if the security and development of the adolescent are in danger because she displays serious behavioural disturbances.

Having take into consideration the young age of the child and her potential to function adequately if she receives the guidance and support she needs, the Court will not declare her security and development in danger on that ground, as it believes her misconduct is clearly related to neglect with regard to a proper routine and a structured environment. [ 12 ] As for the protection measures, the Director’s recommendations are to maintain the adolescent with the mother, with various measures of support and services.

The Court is of the opinion that the mother will have to make sustained efforts to put in place a daily routine to ensure her daughter’s school attendance. The situation remains very fragile and the mother must give her daughter priority and improve her parental capacity to impose a proper structured environment. The adolescent must attend school on a daily basis. [ 13 ] It is crucial that both the mother and the adolescent understand that maintaining the adolescent in her family is conditional on her attendance and participation at school.

They will have to be open to receiving support and following suggestions from the youth protection worker to put an end to the situation of endangerment. Otherwise, the situation will have to be reviewed to ensure the proper development of the adolescent. [ 14 ] The adolescent and her mother have convinced the Court of their openness and willingness to improve the current situation. Therefore, the Court will follow the recommendations.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the adolescent X, born on [...], 2011, are in in danger in regard to

section 38(b)(1)(iii) of the Youth Protection Act ; [ 17 ] MAINTAINS the adolescent with the mother; [ 18 ] ORDERS that the adolescent remain with her family and that the mother periodically report to the Director of Youth Protection on the measures she applies in her own regard or in her child’s regard to put an end to the situation in which the security or development of the adolescent is in danger; [ 19 ] ORDERS that the mother ensure that the adolescent attends school or another place of learning or participates in a program geared to developing skills and autonomy, and that the adolescent undertake to do so; [ 20 ] ORDERS that the mother and the adolescent receive services from an external educator or from social services to work on the mother’s parental capacities and the adolescent’s behaviour; [ 21 ] ORDERS that the adolescent receive services from a psychologist or social services to cope with the loss of her father; [ 22 ] ORDERS that the mother receive services to improve her parental capacities; [ 23 ] ORDERS that the adolescent and the mother undertake to take an active

part in the application of the measures designed to put an end to the situation in which the security or development of the adolescent is in danger; [ 24 ] ORDERS that the adolescent and the mother report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 25 ] ORDERS that a person working for an institution or body provides aid, counselling, and assistance to the adolescent and the adolescent’s family; [ 26 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 27 ] THE WHOLE for a period of nine months.

Signed in Town A on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Mathias Czor For the adolescent Mtre Camille Striganuk For the applicant Mtre Corine Jacquet For the mother Date of hearing: February 8, 2023