2019 QCCQ 17379, 2019 QCCQ 17379

Protection de la jeunesse — 196210 2019 QCCQ 17379 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005961-191 DATE: June 21, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2005 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] Alleging that the youth X is subject to educational neglect, the Director of Youth Protection seeks a protective order for six months, maintaining him in his maternal environment with various measures of support and rehabilitation. [ 2 ] The mother subscribes to the Director’s evaluation and proposed orientation.

Such is also the case for the adolescent’s attorney, who declares being under a legal mandate in reason of her client’s limits. [ 3 ] The Court dispenses service to the father as he is of unknown address and uninvolved in his son’s life. [ 4 ] Analysis and decision [ 5 ] X resides with his mother and his two brothers. His father is disinvested from his life since 2010. No custody order is in place. [ 6 ] X has various diagnoses which limit his abilities and further challenge his environment (severe autism disorder and moderate intellectual delays). Communication is an issue as he is mostly non-verbal.

He also presents problematic behaviours more specifically in respecting rules and limits. [ 7 ] He requires the application of a rigorous structure, with an established and clear routine, in order to optimize his functioning and decrease the potential of his challenging behaviours. [ 8 ] The mother also struggles with personal issues, mostly in regards to her physical and mental state. She faces chronic physical pains.

In spring 2018, she starts taking a new medication which provokes numerous side effects (memory loss, confusion, tiredness), affecting her ability to supervise and structure her son. [ 9 ] This often results in X being put in the care of his young brother, who is also autistic. [ 10 ] From April to September 2018, the mother agrees to the placement of her son in an intermediate resource in accordance with the Act respecting health and social services . [ 11 ] This voluntary placement ceases at the mother’s behest and in reason of her dissatisfaction as to the resource.

She decides to also seek other services for her son, putting an end to the various follow-ups in place (CLSC, [Center A], specialized school). [ 12 ] It is in view of this that the Director becomes involved as to the adolescent. A multi-services meeting takes place in October 2018, following which the mother accepts the renewal of different services for her son.

[ 13 ] The application of services and the mother’s collaboration permit an overall positive evolution of the adolescent’s situation in the last months. The family now benefits from sustained support in the home. As for the mother, her physical and mental health are improved, allowing her to fully assume her parental role. [ 14 ] The adolescent is on waiting lists for a number of services destined to further help him in his functioning (ergotherapy, speech therapy).

He should also benefit from activities to encourage his socialisation. [ 15 ] The parties agree that the continuation of the services in place is in X’s best interests for 6 months in order to ensure the consolidation of the improvements [ 16 ] Considering that there is no legal framework for the contacts between the adolescent and his father, it is necessary to render an order maintaining the status quo of the situation, protecting him from any undue disruption of the process of rehabilitation.

The Court takes act of the mother’s intention to undertake proceedings to clarify the custodial issue. [ 17 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and, furthermore, give rise to the measures sought. [ 18 ] FOR ALL THESE REASONS, THE COURT: [ 19 ] GRANTS the application for protection; [ 20 ] DECLARES the security and the development of the adolescent are in danger for the following reasons : • educational neglect (article 38b)1)iii) Youth Protection Act) [ 21 ] ENTRUSTS the adolescent to his mother; [ 22 ] SUSPENDS the contacts between the adolescent and his father; [ 23 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 24 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the adolescent and his family; [ 25 ] ALL THESE MEASURES for 6 months; [ 26 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Audrey-Anne Monière Attorney for the Applicant Me Michel Robert Attorney for the mother Me Stéphanie Castagnier Attorney for the child Date of hearing: June 21, 2019