2017 QCCQ 17075, 2017 QCCQ 17075

Protection de la jeunesse — 177633 2017 QCCQ 17075 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-030171-151 DATE : August 31, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on [...], 2006 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on August 31 st , 2017. . [ 2 ] The Director of Youth Protection (the Director) seizes Court of a motion for revision and extension of a decision rendered by the undersigned on December 8 th , 2015. The Director is asking that the child continue to be entrusted to his mother and that aid, counsel and assistance be provided for a period of nine months. [ 3 ] A general admission of the facts alleged in support of the motion is made on behalf of the mother.

She is in full agreement with the measures recommended by the Director. [ 4 ] The father is absent at the hearing. He has received copy of the motion. He has not made his position known to the Director. [ 5 ] No admissions are made on behalf of the child. His counsel supports the conclusions of the Director, highlights the need for an educator to be involved with the mother and supports that the child undergo an Attention Deficit Hyperactivity Disorder (ADHD) as recommended.

CONTEXT [ 6 ] Although the situation of the child has improved in that he exhibits less behaviour problems, the child continues to exhibit some difficulties. He does not always respect the structure the mother tries to implement in the home. He struggles academically. In August 2016, he bit his mother after she tried to bring him to bed as he was agitated.

[ 7 ] In February 2017, the child’s teacher strongly recommended that he undergo an assessment for a possible ADHD. At the end of August 2017, the assessment had still not be done. [ 8 ] The mother offers her collaboration to the Director. She continues to receive the services from a social worker from the Centre de Réadaptation en Déficience Intellectuelle (CRDI) Network. Ideally, an educator from the CRDI Network should be provided to the mother as she needs the services to develop her parenting skills.

Unfortunately, the services are not yet available. [ 9 ] Even if the child has not been exposed to the conflicts between his parents (they no longer live together) the child has nonetheless been exposed to arguments involving his brother Hakim. On one occasion, while the child was visiting with his father, an argument occurred opposing the father and the child’s older brother. In March 2017, a verbal altercation opposing the mother and Hakim took place, in the presence of the child.

Although the mother could not prevent this violent incident to occur, she responded appropriately by contacting the police and leaving the home for the night with the child. [ 10 ] The mother also receives a significant amount of support from her adult children in assuming parental responsibilities towards the child as well as helping with homework and school issues. [ 11 ] Even with the support of the Director of Youth Protection, the CRDI Network and the adult siblings of the child, it is a challenge for the mother to make sure that the child’s needs are met and that appropriate structure is provided to him. [ 12 ] The Director has established that the security and development of the child are still in danger and the measures recommended meet the needs of the child and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 13 ] DECLARES that the security and the development of the child are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 14 ] ENTRUSTS the child to the care of his mother; [ 15 ] ORDERS the parents to collaborate with the Director of Youth Protection; [ 16 ] ORDERS that the child receive the following health care services : that the child undergo an assessment for possible ADHD within three (3) months; [ 17 ] STRONGLY RECOMMENDS that Centre de Réadaptation en Déficience Intellectuelle consider providing, as quickly as possible, the services of an educator to the mother; [ 18 ] TAKES NOTE that the Director of Youth Protection will continue to support the mother in her participation with CRDI network and other community support services; [ 19 ] RECOMMENDS to the father to take steps to receive the services related to his personal issues and more specifically violence; [ 20 ] RECOMMENDS to the family to participate in any family therapy that could be recommended; [ 21 ] ORDERS that aid, counsel and assistance be provided to the child and his parents for a period of nine (9) months; [ 22 ] ENTRUSTS the situation of the child 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. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Myriam De Blois Attorney for the Director of Youth Protection

Me Michel Ferland Attorney for the child Me Francis Cloutier Attorney for the mother Date of hearing : August 31 st , 2017