2020 QCCQ 9600, 2020 QCCQ 9600

Protection de la jeunesse — 207446 2020 QCCQ 9600 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 550-41-003892-203 DATE: October 7 th , 2020 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X Child and A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, Youth Protection Act ) ______________________________________________________________________ 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 Court is seized of a petition under

section 38 of the Youth Protection Act . (Y.P.A.), whereby the Director of Youth Protection (the Director) is alleging that the security or development of X, aged 7, is endangered as a result of a situation of neglect. Although a situation of physical abuse was also initially alleged by the Director, that is no longer the case. [ 2 ] In terms of measures, the Director is recommending that the child be entrusted to Mrs.

C until the end of the school year, that contacts with his mother be determined by agreement between the parties or otherwise supervised for a minimum of twice a week for two hours and that contacts with his father be supervised.

It is also recommended that the child attend school on a daily basis, that he receive all the services and care required by his condition (speech therapy and occupation therapy) and that the mother receive services to improve her parental skills, the whole for a period of 12 months. [ 3 ] The mother admits most of the facts alleged in support of the motion and agrees with the protection measures recommended by the Director. The father is absent. He is said to be living in Town A and involved in a deportation process as a result of criminal activities while being under a refugee status.

The Director obtained special permissions for him to travel here in order to meet with the social worker and see his son. The father has not availed himself of these opportunities, nor has he seen his son in quite some time. [ 4 ] The child’s counsel, acting under a legal mandate given his client’s limitations, agrees with the motion and the recommended measures. A. ANALYSIS [ 5 ] Although there is no official diagnosis, an hypothesis of autism spectrum disorder (ASD) was made when the child was younger. Following the Director’s involvement, the child was evaluated by a pediatrician.

Severe delays are observed in all spheres of his development (he is nonverbal, he is not toilet-trained and eats with his hands).

[ 6 ] The child has never attended school or daycare, has not benefitted from a regular pediatric or other professional follow-up regarding his particular condition, nor has he ever seen a dentist despite a clear need to do so (blackened teeth). No other services are in place to help meet the child’s numerous needs. [ 7 ] The evidence also reveals that the mother’s place of living is not adequate to meet the child’s needs.

There is a strong smell and traces of feces in the apartment, as well as dirt and trash on the floor. [ 8 ] While some marks have been observed on the child’s body, the evidence suggests that these may be self-inflicted and is not conclusive regarding a situation of physical abuse. [ 9 ] As indicated above, the father is not involved in the child’s life. Nor has he manifested an interest in being involved despite being made aware of the current situation. [ 10 ] Mrs. C has known the child since birth, although she was not involved in the last two years.

Since being entrusted to her in July 2020 during the proceedings, the child has been making significant progress. He has learned how to eat using utensils and to use the toilet; he is now enrolled in school. [ 11 ] Mrs. C home has limited space and the child does not benefit from a separate bedroom. The Director also notes that the situation may require that he be moved to a specially equipped foster family. Until such a place can be found, the best place for him remains with Mrs. C; she agrees with taking him under her care until such a place can be found.

The mother agrees with the proposed plan. [ 12 ] Although the mother is collaborating and slowly realizes her role in the current situation, she remains passive and has yet to mobilize. She took not

part in his enrollment in school and missed the first school meetings. All necessary steps are currently being undertaken at the initiative of the social worker, who sees to it that the mother signs the required forms. [ 13 ] It was suggested during the hearing that the exercise of some of the attributes of parental authority be withdrawn from the mother. Given the mother’s current collaboration, the evidence does not support such a decision at this time.

The mother is however well advised that her continued collaboration is required in order to ensure that the child’s needs are met and that he receive the proper care, services and education. Otherwise, the Director will bring the matter to the Court’s attention. B. CONCLUSION [ 14 ] The evidence clearly supports the Director’s claim that the security and development of the child is endangered as a result of a situation of neglect in that the child’s basic physical and health needs have not been met by the parents.

The parents have also failed to ensure that the child attend school or that he receive a proper education.

Given his particular condition, his failure to attend daycare or school as greatly impacted the situation, preventing him from socializing and developing much needed skills. [ 15 ] As to the measures required to put an end to this situation and see to it that it does not happen again, the recommended measures are appropriate; they are in the interest of the child and respect his rights. [ 16 ] THEREFORE THE COURT : [ 17 ] GRANTS the petition; [ 18 ] DECLARES that the security and the development of the child are endangered as a result of a situation of neglect with regards to his physical, health and educational needs; [ 19 ] ORDERS the implementation of the following protection measures:

a) That the child be entrusted to Mrs. C until a suitable foster family can be can be found; the child will henceforth be entrusted to a foster family until July 7 th , 2021;

b) That the child attend school on a regular basis;

c) That the contacts between the child and the mother be determined by agreement between the parties ;

d) That the contacts between the father and the child be supervised;

e) That the child receive the health care and services required by his condition (pediatrician, dentist, speech therapy, occupation therapy) ;

f) That the parents take an active

part in the elaboration and the application of the intervention plan designated to put an end to the situation in which the security and development of the child is endangered ;

g) That a person authorised by the Director of Youth Protection A Integrated Health and Social Services Center provide aid, counsel and assistance to the child and his family for a period of 12 months; [ 20 ] RECOMMENDS that the parents receive services in order to improve their parental skills; [ 21 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall then see that the measures are carried out. Signed on November 26 th , 2020.

__________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. Mtre. Danielle Pharand Counsel for the Director of Youth Protection Mtre. Claude Dostie Counsel for the child A Mother - Representing herself Date of hearing: October 7 th , 2020.