2020 QCCQ 12145, 2020 QCCQ 12145

Protection de la jeunesse — 208253 2020 QCCQ 12145 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 455-41-000996-165; 455-41-000997-163; DATE : November 5, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2006 Y Born on [...], 2007 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- a Children’s mother -and- UNDECLARED FATHER ______________________________________________________________________ JUDGMENT [1] ______________________________________________________________________ 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.).

Introduction [ 1 ] The Director is requesting for the revision of the Court decision rendered on July 11, 2019. [ 2 ] By this order, the Tribunal declared the security and development of X and Y still in danger for the motive of educational neglect. [ 3 ] As protective measures, the Court maintained the children in their family environment, ordered that the children attend school on a regular basis, ordered that they receive all the health services they require and ordered a social follow-up for a period of one year. [ 4 ] Today, the Director considers that the security and the development of the children are still in danger for the same motives. [ 5 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court maintain the children entrusted to their mother, order that they receive all the health care and health services they need, order that the children attend school or another place of learning or participate in a program geared to developing skills and their autonomy and order a social follow- up for a period of six months.

[ 6 ] At al hearings, the mother is present and represented. She is in agreement with the recommendations. [ 7 ] The children’s lawyer declares that she has serious concerns about the situation.

Evolution of the situation [ 8 ] This was the situation at the moment of the writing of the revision report in May 2020: [ 9 ] Since the last Court order, Y (13) and X (14) continued to live with their mother and her spouse. [ 10 ] The situation deteriorated through the 2019-2020 school year. [ 11 ] The mother continued to struggle with maintaining an adequate structure at home. [ 12 ] Although the services of an educator are offered for the children, the situation remains concerning. [ 13 ] Both children have been missing school often, especially X. [ 14 ] In October 2019, it was observed at school that the children do not always eat sufficiently before school or have an adequate lunch. [ 15 ] After the situation was addressed with the mother, improvement was noticed.

But the situation deteriorated again and by February 2020, the same issue resurfaced. [ 16 ] Y, has problems at school regarding interactions with his peers. [ 17 ] He also had a few events of enuresis and encopresis at school. [ 18 ] Y claimed to be unhappy and uncomfortable to be sharing his room with his older brother Z when he visits.

In fact, when Z is present, Y has to give up his room for him. [ 19 ] The mother seems to still favor Z by asking Y to sleep on the couch when Z is present. [ 20 ] The mother continues to smoke in the home despite the fact that Y has a heart condition and that secondary smoke can have an effect on his health. [ 21 ] The relationship between X and her mother is difficult. [ 22 ] The mother makes disparaging remarks towards her daughter and yells at her. [ 23 ] In November 2019, during a particularly heated argument, the mother threatened to send X to a group home. [ 24 ] In December 2019, the Director was informed by X’s teacher that the girl was in distress and verbalized wanting to die.

The youth claimed that her sorrow came from difficulties at home. [ 25 ] X has continued to verbalize suicidal ideation several times. [ 26 ] In January 2020, the Director is informed of an event when X had been intoxicated with her mother and sister to the point of not being able to stand and that she was sick afterwards.

X said she wanted to repeat the experience. [ 27 ] She is now denying that it ever occurred. [ 28 ] X is having difficulty to be motivated to go to school and the mother is not able to intervene appropriately to make her go. [ 29 ] On the personal level, the mother has a follow-up with the CRDI once a month, but it is difficult to identify a clear action plan for the family since the mother does not seem to comprehend her needs. [ 30 ] The Director revised the situation and recommended to the Court to maintain the children at home while pursuing the social follow-up. [ 31 ] The hearing started to proceed on September 24 th , 2020. [ 32 ] The children’s lawyer expressed her serious concerns in this situation regarding the information contained in the revision report. [ 33 ] The information given by testimony of the recently appointed delegate indicated that the end of the last school year had been difficult, all problems being accentuated by the confinement due to the pandemic and its effect on school attendance. [ 34 ] The mother’s collaboration was reported to be fluctuating. [ 35 ] The relationship between the mother and X had known some improvement and X has not presented with suicidal ideation for a few months. [ 36 ] The lack of structure at home remained a problem, but was worked on by the family in order to ensure the children’s school attendance, which was still not up to par. [ 37 ] The Court expressed concerns since the situation of educational neglect is chronic and the children are suffering.

[ 38 ] Especially in light of the fact the delegate is the third one appointed to these children’s file since the last court order and that she is not completely informed of the historic of this family’s situation. [ 39 ] Knowing the pathway of the elder children of the family, the Court could see where the situation was heading and addressed the possibility of placement which had not yet been considered by the Director. [ 40 ] The mother’s lawyer requested a postponement, claiming that recent information demonstrate that the situation has much improved. [ 41 ] The Court decided to postpone the continuation of the hearing in order for the Director to examine the evolution of the family’s situation globally and to review their recommendations in this perspective. [ 42 ] At the hearing held on November 5, 2020, the Court is provided with a complementary report. [ 43 ] It is stated that Y was assigned school work in May 2020 to be completed during the summer, but that he did not start to do it before the end of July. [ 44 ] The family needed assistance to prioritize important activities such as school work. [ 45 ] Nonetheless, the school reports that since the beginning of the new school year, both children have been progressing and that they are optimistic about their performance thus far. [ 46 ] More particularly, Y has been doing well and performing at his school level. [ 47 ] Unfortunately though, he has been a victim of bullying at school.

He was violently beaten by two youths of 16 and 18 years old. His attackers are now facing justice. [ 48 ] It was reported that the mother took action for her son to receive health care and collaborate with the police. [ 49 ] X is still trying to make excuses not to attend school, but this year, the mother challenges her daughter by her stricter limitations. [ 50 ] The school is observing the effect of this new dynamic as X’s motivation to attend school is improving. [ 51 ] There are still bumps in the road as X has recently tried to use suicidal ideations as a response to the limits the mother is setting.

Analysis and decision [ 52 ] In view of the last hearing, the Director reviewed their original conclusions. [ 53 ] In the light of the recent positive development, the recommendations were maintained. [ 54 ] The Court sees that the mother, fearing the placement of her children, has started again to impose limits to her children, especially X and to collaborate with the Director. [ 55 ] She is also working with the CRDI to better understand X’s intellectual deficiency and to improve her basic parental skills. [ 56 ] This pattern is chronic.

When the mother fears placement for her children, she is suddenly able to provide structure in her parental guidance. [ 57 ] The Court informed the parties that the progress will have to continue during this order so the children can be maintained at home. [ 58 ] Their development must be ensured by the continuous efforts from the mother. She cannot relent. [ 59 ] The issues surrounding the relationship between the mother and X remain unclear. [ 60 ] Y is also reporting not being heard at home and experiencing difficulties being recognized.

This being said, he does not open much about his emotions. [ 61 ] The Court finds that a psychological follow-up could hold the children to address these issues. [ 62 ] The Court also notes that the CRDI will help X identify her emotions. [ 63 ] Considering all these motives, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the children X and Y are still in danger; REVISES the Court order rendered on July 11, 2019 in the present file; MAINTAINS the children entrusted to their mother; ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regards or in

their children’s regards to put an end to the situation in which the security or development of the children are in danger; ORDERS that the parents take an active and transparent

part in the application of any of the measures ordered, namely that they collaborate to the elaboration of the intervention plan, the PSI and the social follow-up; ORDERS that the children receive all the health care and health services they need, namely a psychological follow-up for the two children that has to begin during the present order; ORDERS that the children attend school or another place of learning or participate in a program geared to developing skills and their autonomy; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the children and their family for a period of six (6) months; ENTRUST the situation of the children X and Y to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Andréanne Lacasse Counsel for the DYP M e Cassandra Riendeau Counsel for the children M e Maryse Pinsonneault Counsel for the mother Date of written judgment : January 22, 2021