2021 QCCQ 12094, 2021 QCCQ 12094

Protection de la jeunesse — 216976 2021 QCCQ 12094 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 755-41-003428-219 DATE: August 26, 2021 ______________________________________________________________________ BY THE HONOURABLE CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born [...], 2014 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT

Section 38 of 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 Director of Youth Protection (the Director) petitions the Court with an Application for Protection, according to

Section 38 of the Youth Protection Act , in the matter of the child X . The Director alleges that the security and the development of the child are in danger for a situation of serious risk of neglect. [ 2 ] Applications for Protection are also presented for the sibling X for a situation of serious risk of neglect and Y , but for a situation of neglect on the educational level. [ 3 ] The Director recommends, as key measures, that the children Z and X be entrusted to their father and for Y that he be entrusted to his mother.

The Director recommends that the family receives a social follow-up for a period of nine months. Situation and Analysis [ 4 ] Y is born from the union of his mother and his father, an American citizen. The father is not involved is the adolescent’s life and has had no contacts with him for over four years. [ 5 ] Y has a diagnosis of Autism Spectrum Disorder. [ 6 ] Y has two half-brothers, X and Z who lived with him and the mother until the end of September 2020, when the mother was evicted from her home.

Since then, the father went to the Superior Court and has custody of X and Z and the mother has access to them three weekends out of four. [ 7 ] The mother thinks that the father wants to keep her away from the boys, but does not give any news nor makes any attempt to see them before several weeks. The father assures he does not want to keep the children away from their mother, but he worries about her mental health issues and feels she should address them. [ 8 ] The father has an older daughter from a previous union and has access rights every two weekends.

Since her eviction, the mother lives temporarily with a friend and more recently with the uncle. [ 9 ] The mother does not make the necessary steps to register the children for school and so X and Z only started school at the end of September 2020. As for Y, the mother finds different excuses to justify him still not being registered in December 2020, such as missing the birth certificate, wanting him to do online school, etc. Finally, Y started school in spring 2021.

[ 10 ] The mother has also mental health issues, namely a Post-Traumatic Stress Disorder, Depression, Anxiety and an Obsessive Compulsive Disorder. [ 11 ] The mother uses cannabis on a daily basis to help control her anxiety. She admits having difficulty waking up in the morning. [ 12 ] Even if the mother has great difficulties and is hard to reach, evidence show that she has adequate parental skills when she is available.

She also recognizes that she needs the support of the Director. [ 13 ] Despite the efforts, the Director is unable to communicate with Y ’s father. [ 14 ] Since the youngest are entrusted to their father, they evolve positively including in their school environment where they did not miss one day. They improve their grades and are going to summer camp this summer. [ 15 ] The visits between the mother and the boys are generally positive, but the boys come back with their clothes dirty and smelling cannabis. Also, the uncle’s place seems quite small, as the kids have to sleep four in the same room.

Conflicts also occur between the mother and her brother in front of the children. [ 16 ] Recently, the mother started working on a farm and enjoys it. She has a new boyfriend and is planning on moving with him some time soon. She also has seen her doctor and readjusted her medication. Y ’s school also gave the mother some working material to do during summer, since the adolescent only started school last spring.

The mother agrees to support her son in that matter. [ 17 ] The Court concludes that evidence supports the situations alleged by the Director. [ 18 ] The father must maintain his collaboration to the intervention. [ 19 ] As for the mother, even if she is actually on a good roll, the situation is still fragile. She must improve her collaboration with the Director and has to stabilize her situation on all aspects.

FOR THESE REASONS, THE COURT : [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child are in danger for the following reason; • 38 b) (2) : serious risk of neglect ; [ 22 ] ORDERS that the child remain with his father as per the Superior Court judgment; [ 23 ] ORDERS that the contacts between the child and his mother follow the Superior Court judgment; [ 24 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 25 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 26 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and his family; [ 27 ] ENTRUST the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 28 ] THE WHOLE for a period of nine months. __________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. M e Pascale Boucher Attorney for the D.Y.P. M e Karine Pichette Attorney for the father M e Audrey Tougas Dumesnil Attorney for the child Date of hearing: August 26, 2021