2020 QCCQ 13192, 2020 QCCQ 13192

Protection de la jeunesse — 201008 2020 QCCQ 13192 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000509-209 DATE: February 24, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2006 Child and A and B Parents/Defendants ______________________________________________________________________ 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 ] The child lives with his mother. The father is not involved in the child’s daily life.

In fact, neither the mother nor the director of youth protection (DYP) are able to locate the father. [ 2 ] The child must deal with several issues, and there are serious challenges concerning his schooling. [ 3 ] The DYP asks the Court to order the application of protective measures because the child would suffer from neglect in regard to education. [ 4 ] The mother agrees with the DYP and so does the child’s counsel. [ 5 ] Following the hearing, the Court renders an oral judgment, granting the application.

Here are the reasons supporting that decision. [ 6 ] The child has to cope with several diagnoses, notably an obsessive-compulsive disorder, separation anxiety as well as attention deficit and hyperactivity disorder (ADHD). He shows intermittent explosive behaviours and a need to control his environment. His attention span is very short. [ 7 ] School attendance is a daily challenge for this child. Since the beginning of the current school year, the situation has worsened. Very often, the child refuses to go to school and the mother is not able to persuade him to go.

His attendance is minimal. [ 8 ] Moreover, when the child does attend school, his behaviour is disruptive, defiant and impulsive. He shows no interest for school. He does not participate in class, and is mentally unavailable to learn. [ 9 ] Last December, the mother tells the social worker she is home schooling her son and it goes rather well. At the time, the mother’s intentions appear unclear. She talks about home schooling and also about sending her son to school. [ 10 ] The child also seems to have much power at home. He corrects his mother when she is telling the social worker about the routine at home.

He apparently decides about bedtime, the use of television as well as meals. [ 11 ] Following the DYP’s first interventions in December, the child attends school for very short periods of time. Not long after, the

child is suspended from school. [ 12 ] The child has been back in school for the last two weeks. The DYP met with the mother as well as school authorities in order to plan the integration. It is a progressive process. The child is present in school for one period a day and for the recess. He has good days, but has to leave earlier on some occasions. [ 13 ] The social worker tries to help build trust between the mother and the school. [ 14 ] The mother shows excellent cooperation to the DYP.

The situation is very confronting for her but she tries her best in order to help her son. [ 15 ] The evidence convinces the Court that the security or development of the child is in danger. The measures that all parties agree upon most likely meet the child’s interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 b)1 o iii of the youth protection act ; [ 18 ] ORDERS that the child be entrusted to his mother; [ 19 ] ORDERS that the contacts between the child and his father be determined following an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 20 ] ORDERS that the child benefit from all the medical and social services his situation requires, namely a psychological follow-up, as long as deemed necessary by the concerned professional; [ 21 ] ORDERS that the child and his mother benefit from services of an external educator as long as deemed necessary by the DYP; [ 22 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until November 30, 2020; [ 23 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the child Me Alexis Deschênes for the mother Mr. B the father (absent) Written judgment filed on February 25, 2020