2019 QCCQ 18781, 2019 QCCQ 18781

Protection de la jeunesse — 197943 2019 QCCQ 18781 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-029353-158 Date: August 14, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2006 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father (deceased) The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 hereby confirms and provides written reasons for a decision rendered verbally at the hearing of August 14, 2019, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on June 12, 2018, whereby the now twelve year-old child, X , was entrusted to the care of her mother with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for revision and extension dated May 23, 2019, are as follows: 3.1. since the court order, the child has remained in the mother’s care; 3.2. there has been good improvement regarding the child’s school attendance; 3.3. the child is no longer considered dangerously underweight, however she would need to gain twenty pounds to reach her ideal weight; 3.4. the child continues to receive follow up for her weight issues by Dr.

Erdstein; 3.5. in the Summer 2018, the child was registered in camp, but her attendance was initially very inconsistent, however, after the family was reminded of the Director’s expectations, the child’s attendance improved; 3.6. in August 2018, a new signalement was received and after evaluation, it was retained due to exposure to psychological ill-treatment (38C); 3.7. the family continued to benefit from the services of an educator until March 2019; 3.8. in January 2019, the mother began her individual therapy sessions through IVAC; 3.9. concerns remain regarding the child’s social skills, self-esteem, peer relationship and her ability to develop independence from her nuclear family; 3.10. despite some gains, ongoing involvement by the Director’s warranted to support the family (reproduced with errors and/or omissions).

[ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the care of her mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 5 ] The mother, assisted by Me Brunet, admitted most of the allegations but indicated that she would prefer the file to be closed. [ 6 ] The child’s father is deceased. [ 7 ] The child, assisted by Me Ayoub, admitted all the alleged facts and agreed to the proposed measures. [ 8 ] The Director filed Exhibits D-21 and D-22 as evidence: D-21: Court Report, prepared by [social worker 2], dated May 16, 2019; D- 22: Evaluation Report, prepared by [social worker 2], dated September 27, 2018. [ 9 ] In

summary, the family has made significant gains since the Director of Youth Protection‘s initial involvement. [ 10 ] The child has made progress, improved her self-esteem and increased her social activities. [ 11 ] The mother spontaneously expresses her gratitude to the Director of Youth Protection for the support provided to the family. However, she now feels ready to regain control of her life without the Director of Youth Protection’s continued involvement.

She explained that she has been seeing a psychologist for the past three months and is feeling more confident and independent. [ 12 ] As for the child, she continues to receive services for her eating disorder but has yet to begin psychological counselling. [ 13 ] Given the child’s vulnerability, given the chronicity of the family’s difficulties, given the mother’s psychological vulnerability, and given that counselling services still need to be provided to the child, the mother’s request to have the file closed is premature and ongoing Director of Youth Protection involvement remains necessary. [ 14 ] Under the circumstances, given the evidence, the Court is satisfied that the application is well-founded and that the recommendations are in the child’s interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the child, X , are in danger under article 38 (2) of the Youth Protection Act as well as

article 38 (

c) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child remain entrusted to the care of her mother; [ 18 ] ORDERS that the child attend school on time and daily, unless excused by a doctor’s note; [ 19 ] ORDERS that the child consistently receive therapeutic and academic services (i.e. extra-curricular activities, summer camp, tutor, etc.) as deemed necessary by her treating professionals, including psychological counselling as soon as possible; [ 20 ] STRONGLY RECOMMENDS that the mother receive regular follow-up related to her personal issues, and that she take any prescribed medication; [ 21 ] AUTHORIZES the Director of Youth Protection to exchange all relevant information regarding participation and attendance with the treating professionals involved with the family; [ 22 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family; [ 23 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 24 ] THE WHOLE for a period of six months.

Signed on August 28, 2019 TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Marie-Josée Ayoub Attorney for the child Me Richard Brunet Attorney for the mother TD/vl