2018 QCCQ 20723, 2018 QCCQ 20723

Protection de la jeunesse — 1811517 2018 QCCQ 20723 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-033270-174 DATE : January 16, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2009 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ 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 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to declare that the security and the development of the child are endangered as a result of negligence by failing to provide appropriate supervision and of the failure of the child to consistently attend school. [ 2 ] The parents are separated and the mother retains full custody of the child.

Essentially, the Director is alleging that the mother’s organizational and financial difficulties have a direct impact on her ability to ensure the child’s school attendance. Accordingly, the child has missed the equivalent of six months of school in one academic year without justification. [ 3 ] As a result, the Director is proposing to implement support services including an educator and a social follow-up for one year while maintaining the child in the mother’s home. [ 4 ] The majority of the allegations are admitted by the parents who consent to the measures proposed.

The mother has already begun improving her situation since the Director’s involvement and appreciates the support. [ 5 ] The child’s attorney supports the measures proposed. The Situation [ 6 ] Essentially, the evidence establishes the following: [ 7 ] The Director retained a signalement on March 23, 2017. The investigation that followed revealed that the child was rarely in school and was failing all subjects as a result.

Despite the multiple messages left for the mother, the school was unable to reach her to discuss the matter. [ 8 ] During an interview with the social worker, the mother confirmed the information presented and offered certain explanations that, in the end, failed to justify the prolonged absences. [ 9 ] Rather, the mother’s personal difficulties were identified as the root cause of the situation, namely, her poor parental skills, a chaotic and unstable lifestyle and persistent financial difficulties.

For example, the mother struggled with the implementation of a daily routine or providing the child with certain basic needs.

[ 10 ] The mother concedes that her parental role is a constant challenge and that she lacks proper guidance and support. [ 11 ] The child sees her father every second weekend. He expresses concern for his daughter and appreciates the Director’s intervention. For the most part, he has a positive relationship with the mother. [ 12 ] At the time of the signalement, both parents were involved in relationships that tended to expose the child to conflict and to conjugal violence.

Since then, both parents assure that their respective relationships are now over. [ 13 ] Despite the overall situation, the child is developing relatively well. She has proven to be forthcoming and collaborative with the Director. [ 14 ] Since the Director’s involvement, the mother has begun participating in a group program with the CLSC which focuses on teaching proper parenting strategies and practices. In addition, the services of an educator will be implemented in the home in order to assist the mother in offering structure and exercising her parental authority.

Meanwhile, the child has been consistently attending school over the past few months. [ 15 ] The evidence supports the Director’s position regarding the state of endangerment. The child’s interest is met by providing her with regular schooling and with a stable and structured home environment.

Considering the admissions of the parties as well as their consent to the recommendations, the Court concludes that the measures proposed offer the support needed by the family in order to ensure the child’s proper development. [ 16 ] FOR THESE REASONS, [ 17 ] THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the child are endangered as a result of negligence by failing to provide appropriate supervision and to ensure schooling as well as failing to attend school; [ 20 ] ORDERS that the child be entrusted to the care of the parents; [ 21 ] ORDERS that the child attend school on a daily basis; [ 22 ] ORDERS that the parents ensure that the child is not exposed to any form of verbal or physical violence; [ 23 ] ORDERS that the child receive necessary health services namely a paediatric follow-up as well as a dental follow-up and TAKES JUDICIAL NOTICE that the parents commit to ensure that the child receive these services; [ 24 ] RECOMMENDS that the mother follow through with services designed to help her develop parenting strategies; [ 25 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 26 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 27 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On January 25, 2018 __________________________________ KAREN OHAYON, J.C.Q. Me Dominique Douglas Attorney for the D.Y.P. Edith Legault Attorney for the child Date of hearing: January 16, 2018 KO/lf