2021 QCCQ 8507, 2021 QCCQ 8507

Protection de la jeunesse — 214526 2021 QCCQ 8507 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] “Youth Division” No.: 652-41-000013-187 DATE: June 8, 2021 ______________________________________________________________________ PRESIDING: THE HONOURABLE NATHALIE AUBRY, J.C.Q. ______________________________________________________________________ In the situation of: X Child and [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection Applicant and b Mother and c Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR REVIEW AND EXTENSION (Section 95, paragraphs 1 and 2, and

section 75 Y.P.A. ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1, and 135 Y.P.A.). [ 1 ] The Director of Youth Protection has brought an application to review and extend an order concerning X, aged 5 years old. [ 2 ] His two sisters, Y and Z, as well as his brother, A, are also concerned by this same application. [ 3 ] This family lives in the community A. [ 4 ] Youth protection services became involved in the life of this family due, among other things, to a situation where there was a

serious risk of neglect and neglect with regard to education. [ 5 ] On November 30, 2020, the Court entrusted the children to their mother and ordered the application of various measures, including psychosocial follow-up, that the mother remain sober in the presence of her children, and that the mother take

part in psychological follow-up and follow-up for her addiction issue. [ 6 ] In light of the evolution of the situation, the Director of Youth Protection once again seeks to have the children entrusted to their mother and an acknowledgment that the grandmother will offer the mother periods of respite by taking care of the children. The Director also seeks an order for psychosocial follow-up for a period of twelve months, that the mother take

part in psychological follow- up and address her addiction issue, and that she remain sober in the presence of her children. [ 7 ] Counsel for the children agrees with the measures sought. [ 8 ] Through her counsel, the mother also agrees with the application. [ 9 ] As for the father, the Director of Youth Protection asks to be dispensed from serving the application on him, having been unable to do so. [ 10 ] In the circumstances, the Court will grant the application to dispense with service to the father and the application for review and extension. [ 11 ] Here is why.

Overview of the situation since the last order [ 12 ] It appears from the report assessing the child’s social situation, prepared by youth worker [Social Worker 1], and filed in the Court record in lieu of testimony, that the mother has some personal difficulties, that is, mental health and substance use issues. [ 13 ] In recent months, the mother has not attempted suicide, but her situation remains fragile. [ 14 ] With regard to the mother’s substance use, it appears that the mother no longer consumes alcohol regularly, and that her substance use is now occasional.

The mother ensures that she entrusts her children to third parties before consuming alcohol. [ 15 ] The report states that the mother sporadically takes

part in the appointments scheduled for psychosocial follow-up. She tends to postpone the appointments or cut them short. She finds it difficult to implement the changes asked of her and does not easily accept the strategies suggested by the youth worker. [ 16 ] The mother has good social and family networks on which she can rely for help, if need be. [ 17 ] As for the father, he has taken part sporadically in the follow-up. [ 18 ] It is worth noting that the parents have a romantic relationship that is off and on, causing their children to experience instability.

In the past, the children sometimes witnessed arguments with physical and verbal violence. [ 19 ] At the hearing, the youth worker testified about the situation of the four children. [ 20 ] The youth worker indicated that while the children display some difficulties in their maternal environment, the mother is able to meet their basic needs. [ 21 ] She added that there are no foster families in the community A in which the children could be placed and they would therefore need to be placed outside of their community. [ 22 ] The youth worker summarized the situation of each child. [ 23 ] The eldest, Y, is 10 years old.

Youth Protection services tried to place her in a living environment in [Town A] because she was a victim of bullying. It appears that she was neglected in that environment and was not attending school. She was not motivated when she did attend school, and she kept her cell phone with her in class. She was mostly preoccupied with her clothing and her social relationships. When she returned to [community A], Y still had her cell phone in class. The Court told the mother that she had to make sure her daughter did not go to school with her cell phone.

The mother will therefore have to ensure that her daughter attends school regularly and that she has a daily routine. [ 24 ] A is 9 years old. He has educational difficulties and behavioural issues. He likes to play video games and even gets up at night to do so. The mother will therefore have to better supervise and monitor her son and prevent him from playing video games at night to avoid him falling asleep in class. [ 25 ] Z is 6 years old. She can be disruptive and sometimes runs away from class. She tends to tell lies and make up stories.

She said that she had suffered physical abuse in her family environment. Her maternal grandmother often babysits her, but she does not put into practice the school’s instructions. The maternal grandmother will have to make some effort in this regard. [ 26 ] X is 5 years old. He often stays with the mother’s cousin, D. When he stays with Ms. D, he does not always attend school. The mother will have to ensure that her son is at Ms.

D’s home less often and that he attends school regularly. [ 27 ] At the hearing, the Court told the mother that it was important for her to make a sustained effort if the children are to be

maintained with her for the next twelve months. The situation remains fragile, and the mother must make her children a priority and instill a better daily routine.

It is also crucial that she cooperate actively with the youth worker and that she be open to the solutions suggested by this worker to put a stop to the situation of endangerment. [ 28 ] The Court concludes that the security or development of the child X is still in danger within the meaning of the Youth Protection Act for the following reasons: serious risk of neglect and neglect with regard to education. [ 29 ] In the circumstances, the Court finds that this application is in the interest of the children and is well founded in fact and in law.

FOR THESE REASONS, THE COURT: [ 30 ] DISPENSES the Director of Youth Protection from serving the application to review and extend on the father; [ 31 ] GRANTS the present application; [ 32 ] REVIEWS and EXTENDS the decision rendered on November 30, 2020; [ 33 ] DECLARES that the security and the development of the child are still in danger; [ 34 ] ENTRUSTS the child X to his mother; [ 35 ] ACKNOWLEDGES that the grandmother will give some respite periods to the mother; [ 36 ] ORDERS that a person working for an institution or body provides aid, counselling and assistance to the child and his family for a period of twelve months; [ 37 ] ORDERS to the parents to participate to the Youth Protection Director follow-up, especially to the mother be involved in an addiction follow-up and a psychological follow-up; [ 38 ] ORDERS to the mother to be sober in presence of the child; [ 39 ] ALLOWS the exchange of information between the professionals working with the parents and the child; [ 40 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order. __________________________________ NATHALIE AUBRY, J.C.Q.

Mtre Dominic Cormier Counsel for the applicant Mtre Chantal Gaudreau Counsel for the child Mtre Marie-Josée Bernier Counsel for the mother Father absent from the hearing, unrepresented by counsel Date of hearing: June 8, 2021