2014 QCCQ 7984, 2014 QCCQ 7984

Protection de la jeunesse — 14819 2014 QCCQ 7984 COUR DU QUÉBEC CANADA PROVINCE QUÉBEC DISTRICT [...] « YOUTH DIVISION »

N° : 540-41-003917-134 DATE : February 25 th , 2014 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOISE GARNEAU-FOURNIER J.C.Q. ______________________________________________________________________ In the situation of: X Born [ … ] 2003 ______________________________________________________________________ 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 Court is seized of a motion for protection in conformity with the Youth Protection Act (R.S.Q., c. P-34.1 ) filed by the Director of Youth protection asking to declare that the security or development of the youth X is considered to be in danger because she is in a situation in which her mother do not meet her basic needs, failing to provide her with the appropriate supervision or support, or failing to take the necessary steps to provide X with schooling in the meaning of

Section 38) b) 1) iii) and because there is a serious risk of neglect in the meaning of

Section 38 b) 2 of the Act. [ 2 ] All of the formalities required by law having been complied with, the Court proceed with a joint hearing in the case of Y and X pursuant to

section 77 of the Act. After considering the evidence adduced, the Court rendered an oral judgment without rising, of which these presents constituted the written version, with reasons, in accordance with the requirements of

section 90 of the Act. [ 3 ] X's situation have been described in the motion as follow: "3.1 On January 16 th , the director of youth protection accepts a report in the situation if the youth under

Section 38

b) iii, 38

b) ii and 38 b) 2) of the Youth protection act ; 3.2 On March 11 th , an agreement on voluntary measures is signed between the parties which remains X to her mother with other measures for a one year period; 3.3 The youth has to take a medication according to her health situation;

3.4 For the last two years, X has not attended school; 3.5 In the past years, many services were put in place concerning this issue but the situation has not evolved; 3.6 Since the implication of the director of youth protection, different measures were taken concerning this situation. Actually, the family benefit from the services of a child careworker; 3.7 Since the beginning of the school year, X missed 17 out of 40 days of class.

The mother informed the delegate it was due to her daughter's health condition; 3.8 Besides, in the past weeks, the mother stopped the medication of the youth without a medical opinion; 3.9 The mother presents difficulties with organisation and structure; 3.10 The mother doesn't recognize the negative impact of her own difficulties on her daughter's situation; 3.11 The mother recognized to the delegate that she suffers from anxiety when she is separated from her children; 3.12 The mother's collaboration has deteriorated over the past months; [ 4 ] As to the measures proposed by the Director, they have been listed in the Court report prepared by the Director of youth protection's delegate, Mrs [Social Worker 1], on February 17 th , 2014 as follow: ➢ That X remains entrusted to her mother's care, Mrs A; ➢ That aid, counsel and assistance be provided to X and her family, for a period ending June 30, 2014; ➢ That X collaborates with the social follow-up services; ➢ That the mother actively partipates in the social follow-up with DYP; ➢ That X receives all the medical attention required by her needs; ➢ Recommend that X receives psychological services regarding her anxiety; ➢ That X attends school on a regular basis, unless there is a medical explanation provided; ➢ That Mrs A assures that Y attends school on a regular basis; [ 5 ] In support of those recommendations, many documents and reports have been filed.

However, the length of the measures has been adjusted with Y's measures, therefore until October 31, 2014. [ 6 ] The mother, Mrs A, present and duly represented by an attorney, admits in general the situation described in the petition and the documents. However, she testifies to make some precisions, confirming also her efforts and steps taken to correct the situation.

Furthermore, she agrees with all the measures proposed by the Director. [ 7 ] As to X, her attorney agrees with all the measures proposed by the Director, in the best interest of her client. [ 8 ] The Court take notes that serious concerns and difficulties have been pointed out as to X's situation, and more particularly since her father's death in regard of her absenteiism. However, there is improvement even the mother continues to present difficulties with organization and structure and to admit the negative impact of her own difficulties on her daughter's situation.

Therefore, all the measures recommended by the Director of youth protection are needed to continue to support X through her anxiety, and to reach the goal of a regular school attendance. [ 9 ] THEREFORE, AND FOR ALL THESE REASONS, THE COURT: [ 10 ] DECLARES that the security and development of X are deemed compromised in the meaning of

Section 38) b) 1) iii) and

Section 38 b) 2 of the Act; [ 11 ] ORDERS that X remains entrusted to her mother, Mrs A; [ 12 ] ORDERS that a person working for an institution or body provide aid, counseling and assistance to X and her family until October, 31 st , 2014; [ 13 ] ORDERS X and her mother to continue to collaborate with the social services provided by the delegate during that same period of time; [ 14 ] RECOMMENDS the mother to continue to go through all the psychological assessments who can help her regarding her anxiety; [ 15 ] ORDERS the mother to assure that X receives all the medical attention required by her needs and RECOMMENDS that X participates to psychological services regarding her anxiety; [ 16 ] ORDERS X to attend school on a regular basis, unless there is a medical explanation provided; [ 17 ] ORDERS the mother to assure that X attends school on a regular basis; [ 18 ] ENTRUSTS the situation of X to the Director of Youth Protection A, Centre de protection de l'enfance et de la jeunesse, who shall than see that the measures are carried out; [ 19 ] ORDERS enforcement of this order by any peace officer, if need be.

__________________________________ FRANÇOISE GARNEAU-FOURNIER J.C.Q. Date d'audience: 25 février 2014 Me Anne-Rachel LAROSE Director's attorney Me Martine NOLIN Child's attorney Me Anne-Marie JATRINO Mother's attorney