2022 QCCQ 2755, 2022 QCCQ 2755

Protection de la jeunesse — 22109 2022 QCCQ 2755 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No.: 505-41-010472-217 DATE: January 20, 2022 ______________________________________________________________________ PRESIDING: THE HONOURABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- X, born on [...], 2008 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or a child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) petitions the Court with a Motion for revision and extension of a Court decision dated June 22, 2021. [ 2 ] Following said decision, the Court ordered that the child remain with his maternal family for a period of six months and that he attends a school or another place of learning. [ 3 ] The Director of Youth Protection is involved in the family situation due to neglect on an educational level. [ 4 ] Today, as principal measures, the Director recommends that the child be entrusted to his mother and that the mother report to the Director once every two weeks and that the child be met at home once a month.

The Director also recommends that the child attend school on a daily basis. The whole for a period of nine months. [ 5 ] The mother and the child are present at the hearing. They agree with the measures sought. [ 6 ] The father is not involved in the child’s situation. The Court proceeds in his absence. FAMILY SITUATION [ 7 ] The child lives with his mother and his two adult brothers. [ 8 ] The child never had any contacts with his father. CONTEXT AND ANALYSIS [ 9 ] During the last Court order, it was a real challenge for the Director to meet and to speak with the mother.

After many attempts to call her, the Director sent a letter to her. Also, many texts were sent to the mother. On October 12, 2021, the Director went to the

mother’s house but no one answered. [ 10 ] The mother explains that she works full time at the hospital. [ 11 ] The first meeting between the Director, the child and the mother took place on October 27, 2021. [ 12 ] The mother explains that since the pandemic, her son is homeschooled because of his health (asthma and has fragile lungs). She also adds that her son has learning difficulties at school and was often bullied. [ 13 ] On December 13, 2021, the mother received a letter from the Ministry of Education stating that the child could no longer be homeschooled.

The child must attend regular school. [ 14 ] The child has been enrolled at school A. His first day at school was on January 19, 2022. [ 15 ] The Director states that the mother must realize that a lack of education and regular presence in school will have an impact on her son’s development and well-being. [ 16 ] The mother agrees to collaborate with the Director for the next months. [ 17 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the child’s best interests.

FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and the development of the child are still in danger; [ 20 ] REVISES and EXTENDS the order dated June 22, 2021; [ 21 ] ORDERS that the child be entrusted to his mother; [ 22 ] ORDERS that the mother report periodically to the Director of Youth Protection once every two weeks and that the youth be met at home once a month; [ 23 ] ORDERS that the parents take an active

part in the application of any of the measures ordered; [ 24 ] ORDERS that a person working for an institution or body provide aid, counseling and assistance to the child and the family; [ 25 ] ORDERS that the child attend a school on a daily basis; [ 26 ] ENTRUSTS the situation of the child to the Director of Youth protection A for the execution of the judgment; [ 27 ] THE WHOLE for a period of nine months. __________________________________ Lyne Morin , J.C.Q. Mtre Frédérique Earls-Bélanger Counsel for the Director of Youth Protection Mtre Charlotte Vanier-Perras for Mtre Myriam Couillard Counsel for the child Date of hearing: Judgment signed: January 20, 2022 January 24, 2022