2023 QCCQ 8140, 2023 QCCQ 8140

Protection de la jeunesse — 232004 2023 QCCQ 8140 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N o : 505-41-011213-222 DATE: March 22, 2023 ______________________________________________________________________ PRESIDED BY HONOURABLE JUDGE JEAN-PIERRE AUTHIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , authorized by the Director of Youth protection (The Director) Applicant and X , born on [...], 2009 Child and A Mother of the child and B Father of the child _______________________________________________________________________ J U D G M E N T

Section 95 of the 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 9.2, 9.3 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection seeks the application of protective measures for the child, stemming essentially from the latter’s behavioural disturbances and mother’s issues to cope with the situation that will be detailed. [ 2 ] The conclusions sought by the Director are essentially that the child remains in a reception centre along a social follow-up for the next six months. [ 3 ] The mother, as well as the child, recognize the issues which are the foundation of the situation of endangerment and subscribe to the orientation proposed. [ 4 ] The child specifies that being sent to a reception centre is not her first choice.

ANALYSIS AND DECISION

[ 5 ] For various reasons which will not be exposed, this matter was submitted only today before the undersigned whereas the situation of the family was drawn to the Director’s attention in the spring of 2022. [ 6 ] The parents have been separated since 2015.

Mother has custody of the child since then and father was deprived from his parental authority along his visiting rights. [ 7 ] The child refuses to attend school on a regular basis and mother is asserting she has difficulty with her child in terms of her oppositional behaviours namely, sending her to school. [ 8 ] Mother admits that she is in need or professional held regarding her parenting abilities. [ 9 ] Since the beginning of September 2022, the child has missed numerous days of school claiming that she was too tired and can’t get out of bed in the Morning. [ 10 ] The school reports that the child is currently showing an escalation of problematic behaviours. [ 11 ] For example, on September 28, 2022, the child threatened to stab a school educator.

She was arrested by the police and suspended from school until October 4, 2022. The child then refused to go back to school. [ 12 ] A meeting between the child and staff from school was organized on October 18, 2022, to which mother attended too. [ 13 ] The child committed herself into a behavioural contract.

The child refused to honour a clause of the said contract stating that she had to write a letter of apology. [ 14 ] The child’s behaviour then continued to decay to the point that the Director filed an application to this Court to ensure that the child is ordered to attend school assiduously, but to no avail. [ 15 ] The intervention of this Court was then again solicited through an application to order that the child be entrusted to a reception centre until this day. [ 16 ] The Director believes that the child was subjected to many affective ruptures in her life.

Her father was not involved in her life for many years and her mother’s spouse, who was a parental figure committed suicide two years ago. [ 17 ] The child’s behaviour corresponds with that event and the lack of consistency and structure at home. [ 18 ] The next month requires a period of rehabilitation in order to address the child’s behavioural disturbances. [ 19 ] Moreover, the mother needs support to improve her parental competences and modulate her interventions accordingly to her daughter’s specific needs. [ 20 ] The Tribunal finds that the security and development of the child are in danger for the reasons submitted by the Director.

The proposed measures are in accordance with the law, in the interests of the child and respect for her rights.

FOR THESE REASONS, THIS TRIBUNAL: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and the development of the child are in danger on the following grounds: • 38 (b) (1) (iii): neglect on educational level; • 38 (f): serious behavioural disturbances; [ 23 ] ORDERS that the child be entrusted to a rehabilitation centre chosen by Director of Youth Protection A; [ 24 ] TAKES JUDICIAL ACT that the child will spend her birthday at her mother’s place; [ 25 ] ORDERS that the contacts between the child and her mother are following agreement between the parties; [ 26 ] SUSPENDS the contacts between the child and her father; [ 27 ] ORDERS that the child and her mother take an active

part in the application of the measures ordered; [ 28 ] ORDERS aid, counsel and assistance to the child and her family; [ 29 ] ORDERS that the child attend school regularly; [ 30 ] ORDERS that the child receive all medical care required by her situation, namely a psychological follow up starting in the forty-five fallowing days and as long as demanded necessary by the professional; [ 31 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 32 ] THE WHOLE until September 22, 2023.

________________________________ JEAN-PIERRE AUTHIER , J.C.Q. Mtre Véronique Côté Attorney for the Director of Youth Protection Mtre Myriam Couillard Attorney for the child Mtre Geneviève Robillard Attorney for the mother Hearing date: March 22, 2023 Judgment signed : May 15, 2023