2023 QCCQ 8157, 2023 QCCQ 8157

Protection de la jeunesse — 232041 2023 QCCQ 8157 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » N° : 650-41-003159-197 DATE : March 22 nd , 2023 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.C.Q. DIRECTOR OF YOUTH PROTECTION Person authorized by the Director of Youth Protection Applicant and X (born on [...] 2009 Child and A Mother and B Father 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and give reasons in writing for its decision rendered orally on March 22 nd , 2023, on a Application for review and extension of protective measures concerning X (13 ½ years old). [ 2 ] On March 24 th , 2022, the Court ordered that the child be entrusted to her mother for a period of 12 months, noted that the child spends time with her grandfather, C, and, ordered that the child receives all the health care and health services required by her condition, especially a follow-up concerning her situation and the exchange of information between the professionals and workers involved in the situation of the child and the child’s family. [ 3 ] Since this last court order, the situation of the child has deteriorated. [ 4 ] The mother still has substance abuse problems (alcohol and amphetamines) and she has not taken any recent steps to address this issue.

She was involved in a four-wheeler accident while she was intoxicated. [ 5 ] The father is not involved in the child life. [ 6 ] Since September 2022, the child has a high school absenteeism rate. Since January 2023, she doesn’t go to school. She was kicked out of school because she was caught vaping in the bathroom with another young person. [ 7 ] Following the event, school staff asked the youth to return with a parent.

The next day, she presented herself alone to school, without a parent, to review the situation. [ 8 ] The school therefore decided to return her home and asked her again to report with a parent [ 9 ] Finally, he recently reintegrated school with her mother, but she suffers from anxiety. She made a request for assistance for this. [ 10 ] Her physical development is comparable to that of children her age. However, she is considerably overweight, which could affect her health in the short or medium term. [ 11 ] She also underwent dental surgery during which 24 teeth were extracted.

[ 12 ] When she had her teeth extracted due to a complete lack of hygiene, it was observed that her condition was neglected. Se had black patches of dirt, coarsely shaved hair and very long and dirty nails. [ 13 ] On the other side, the mother had a neat appearance, however she showed disinterest to the post-surgical information and recommendations provided by the nurses for the child. [ 14 ] Psychologically, the child asked for help. The mother agreed for her to be seen by a professional. She has had an appointment to the Town A CLSC.

However, she did not update the appointment and psychosocial follow-up has not started.

However, the day of the hearing she was scheduled for an appointment to the CLSC for her anxiety problem [ 15 ] The youth is more vulnerable than other children her age, considering, among other things that she has health issues. [ 16 ] Although the mother loves her daughter, it is important that she seek the necessary support from the resources of the Town A community in order to help her overcome the various difficulties she may encounter in connection with her daughter. [ 17 ] It is important that the child receives all the help she needs for her condition, especially in connection with her weight and dental health problems.

It is therefore essential to keep a close watch on the development of the current situation and to ensure that appropriate assistance is given to the child and to the mother. [ 18 ] The Court concludes that the children’s security and development of child remain in danger because she is physically and mentally neglected. Her health care plan and educational plan are not duly followed and she is at serious risk of neglect. [ 19 ] The application, to which the parties consent, is in the best interest of the child, and thus should be granted.

FOR THESE REASONS, THE COURT: [ 20 ] REVISES and EXTENDS the last court order; [ 21 ] DECLARES that the security and development of the child are still in danger; [ 22 ] ORDERS that the child be entrusted to her mother; [ 23 ] ORDERS that a person working for an institution or body provides aid, counselling and assistance to the child and the child’s family for a period of six months; [ 24 ] ORDERS that the mother take an active

part in the measures ordered to put an end to the situation of endangerment; [ 25 ] ORDERS the mother to collaborate with the Director of Youth Protection; [ 26 ] ORDERS that the child receive all the health care and health services required by her condition, including dental care, and ORDERS the mother to ensure that this is done; [ 27 ] ORDERS the child to attend school regularly, to obey the rules of the school environment, and to do the assigned homework and work, and ORDERS the mother to ensure that this is done; [ 28 ] ALLOWS the Director of Youth Protection to perform unannounced visits in the mother’s home; [ 29 ] ALLOWS the exchange of information between the professionals and workers involved in the situation of the child and the child’s family; [ 30 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the judgment.

LOUISE GALLANT, J.C.Q. M e Lyne Monger Attorney for the Youth Protection M e Chantal Gaudreau Attorney for the child M e Claudia Marois Attorney for the mother A, present

B, absent from hearing and not assisted Date of hearing: March 22 nd , 2023