2020 QCCQ 7672, 2020 QCCQ 7672

Protection de la jeunesse — 206205 2020 QCCQ 7672 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] « Youth division »

N° : 455-41-001188-184 DATE : October 29, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2008 ______________________________________________________________________ [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A The mother -and- B The 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director is requesting the revision of the Court order rendered on April 14, 2020 concerning the child X, born on [...], 2008. [ 2 ] The parties reached an agreement as to the appropriate measures in the situation of the child, which is annexed to the present judgment and forms an integral part thereof. [ 3 ] The facts alleged in the agreement lead to the conclusion that the security and development of the child is still compromise. [ 4 ] This agreement reflects the will expressed by the parties, respects the prescriptions of the Youth Protection Act as well as it meets the interests of the child and the respect of his rights. [ 5 ] Furthermore, the parties agree that the following passage from the revision report (D-11), supporting their agreement, be reproduced in this judgment: «On July 3, we obtained the results of a cognitive assessment for the youth to inform us about his specific needs.

Ms. Sandra Martel, psychologist, told us about her findings. First, X does not have autistic traits. He has difficulty concentrating and paying attention, and this seems to be activated by constant fear and hyper-vigilance toward his environment. It must be noted that he takes psychostimulants for ADHD and to calm his anxiety. In the context of intellectual tests, signs of average potential are noted he is very impulsive with the tasks and often refuses to cooperate in order to stay in control. However, when supervised, his performance increases significantly. According to Ms.

Martel, it is from an emotional point of view that X has more needs. The themes of aggression, violence, and his father, are present in the projective tests. The recommendations are to the effect that the youth should prioritize regaining a sense of security in his environment (see report by Ms. Martel). [ 6 ] The Court considers that there is therefore reason to ratify this agreement and to make it enforceable. [ 7 ] FOR ALL THESE MOTIVES, THE COURT : [ 8 ] GRANTS the present application; [ 9 ] DECLARES that the security and development of the child X are still in danger;

[ 10 ] TAKE JUDICIAL ACT of the parties’ acknowledgment of the facts giving rise to the grounds for compromise; [ 11 ] HOMOLOGATES AND DECLARES ENFORCEABLE the measure appearing in paragraph 6 of the agreement, which is attached to the present judgment; [ 12 ] ENTRUSTS the situation of the child X to the Director of Youth Protection to see that the measures are carried out; [ 13 ] THE WHOLE , until August 15, 2021. __________________________________ PASCALE BERARDINO, J.C.Q. Me Pascale Gauthier Counsel for the DYP Me René Sévigny Counsel for the child Me Érica Gosselin Counsel for the mother Date of hearing: October 29, 2020