2023 QCCQ 9002, 2023 QCCQ 9002

Protection de la jeunesse — 234505 2023 QCCQ 9002 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000775-236 DATE: August 24, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2010 Child and A B Parents/Respondents ______________________________________________________________________ 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 ] In February of this year, the Court grants an application for protection in regard to the child. The Court then declares that the child is in need of protection because he suffers from psychological ill-treatment and is at serious risk of neglect, within the meaning of the Youth protection Act .

At the time, the child is entrusted to a rehabilitation centre with a progressive integration with his father. [ 2 ] The DYP now asks the Court to revise and extend that judgment, namely, to order that the child remain with his father with a follow-up for the next six months. [ 3 ] Both father and son agree with the recommendations of the application. The mother is absent. In fact, she refused to be served with the documents. The Court is therefore unaware of her opinion regarding the situation. [ 4 ] Following the hearing, the Court renders judgment orally and grants the application.

The grounds for this decision are as follows. [ 5 ] The mother struggles with serious mental health problems. She notably suffers from schizophrenia. She refuses to receive treatment or counselling. She has unreasonable concerns and fears about her son’s well-being, most likely stemming from her mental health issues. [ 6 ] The child is reluctant to see his mother, because of some irrational things she says. However, at the hearing, he expresses his wish to have contact with her. [ 7 ] The child enjoys living at his father’s. The latter is able to provide a safe environment for his son and to enforce rules.

He cooperates with the youth protection delegate. [ 8 ] The child benefits from support from a mentor and participates in an afternoon program at home. He is doing well in general, even though he sometimes displays some behavioural issues. [ 9 ] The evidence convinces the Court that the application is well founded. The recommended measures meet the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT:

[ 10 ] GRANTS the application for revision and extension of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 12 ] REVISES AND EXTENDS the Court order rendered on February 23, 2023; [ 13 ] ENTRUSTS the child to his father; [ 14 ] ORDERS that the contact between the child and his mother be determined by agreement between the parties and AUTHORIZES the DYP to supervise them; [ 15 ] RECOMMENDS that the mother involve herself in counselling and a follow-up to address her personal difficulties, notably a psychiatric follow-up; [ 16 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 17 ] WITHDRAWS from the mother the exercise of the parental authority’s attributes regarding health, social and school permission and AUTHORIZES the father to sign in the place of the mother; [ 18 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until February 28, 2024; [ 19 ] 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 Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the child Ms. A the mother (absent) Mr. B the father Written judgment filed on August 30, 2023