r v. A, 2014 QCCQ 20250

Protection de la jeunesse — 148264 2014 QCCQ 20250 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004452-135 DATE: September 29, 2014 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 2013 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 presents a motion for extension of a Court decision concerning X born on […], 2013. [ 2 ] The previous order, dating September 30, 2013, declares that the security and the development of the child are in danger in reason of a serious risk of neglect.

Amid the application of various measures of aid and support for 9 months, maintains the child in the care of her parents. [ 3 ] The Director seeks en extension of protective measures until December 23, 2014, citing that elements of risk of neglect are still present, requiring their continued supervision and accompaniment. [ 4 ] The parents consign their admissions to the Court file and consent to the amended conclusions sought by the Director. [ 5 ] Considering the child’s age, her attorney declares being under a legal mandate.

After evaluating the evidence, she declares being in agreement with the motion in the best interests of her client. [ 6 ] Analysis and decision [ 7 ] The Director of Youth Protection applies protective measures in the situation of the child, as well as her older sibling, Y. [ 8 ] Y is the subject of protective measures since 2009 in reason of a situation of serious risk of neglect. After an extended term of placement in foster care, Y returns to her maternal environment on a full-time basis at the end of summer 2013.

Y’s integration proceeds well and she is happy to return home. [ 9 ] The parents are able to answer their child’s basic needs. Although the father if implicated with his daughter, the mother remains the primary caregiver. Notwithstanding, the evidence demonstrates that the limitations brought forth in the preceding judgment, remain chronically present. [ 10 ] Y’s controlling attitudes and opposition remains an ongoing issue, requiring that the mother be assertive in her authority. The mother reports that she is able to discipline Y and that there are no longer incidents of tantrums.

Notwithstanding, elements show that the mother can overestimate the maturity of her child and allow her choices that are not age-appropriate (choice of school, clothing). [ 11 ] The caseworker visits the family on a monthly basis. There is less resistance and more transparency as to the intervention. [ 12 ] The CLSC offers services to the family since June 2013, including a nutritionist and a nurse. These services observe that the

sisters present a development concurrent to their ages. Concerns remain present regarding the stimulation the children receive in the family environment, discipline and the mother’s capacities to make good judgments and choices in her parental role.

To this end, these services will continue to offer support to the family. [ 13 ] The interventions focus on various issues: • Helping the mother being more assertive in her authority; • House cleanliness; • Coaching the parental figures in stimulating the children in their family environment; • Verifying that the children receive the care required by their respective needs; [ 14 ] Since the last judgment, X presents some health issues requiring attention, notably the correction of her foot placement. For a time, she wears a cast and then boots and braces to maintain progress.

The parents, resentful of the discomfort of their daughter, do not fully follow the medical recommendations, causing an extension of the care required. [ 15 ] X integrates daycare on a part-time basis as of June 2014, which responds to her growing needs for stimulation. She functions well in this milieu. [ 16 ] The caseworker perceives no significant difficulties at the present time in the parental care and agrees that the child is developing positively.

There are improvements in the cooperation to the intervention and the mother makes efforts to apply the tools she receives as to stimulating and motivating her children. Although encouraging, considering the ongoing limitations of the family environment, this situation requires consolidation and the Director’s continued implication to this end. [ 17 ] After considering the evidence, the Court concludes that the security and the development of the child are in danger in reason of a serious risk of neglect.

The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the child's best interests, while concurrently receiving the approval of the parties. [ 18 ] FOR ALL THESE REASONS, THE COURT: [ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and development of the child are still in danger; [ 21 ] ORDERS that X remains with her parents; [ 22 ] ORDERS that the parents report periodically to Director of Youth Protection on the measures they apply in their own regard or in the child's regard to put an end to the situation which security or development are in danger; [ 23 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the child and her family until December 23, 2014; [ 24 ] ORDERS that the parents take an active

part in the application of the measures; [ 25 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform of their current situation; [ 26 ] ORDERS that the child X receives certain care and health services namely an orthopedic follow-up for her curved feet; [ 27 ] ALL THESE MEASURE until December 23, 2014; [ 28 ] ENTRUSTS the situation of the child to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Madame Émilie Raymond Articling student for the Petitioner Me Michel Robert Attorney for the mother Me Maryse Fournier Attorney for the father Me Johanne Leduc Attorney for the child

Date of hearing: September 29, 2014