2018 QCCQ 13493, 2018 QCCQ 13493

Protection de la jeunesse — 184130 2018 QCCQ 13493 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] « Youth Court Division » N°: 525-41-0 29353-158 Date: June 12, 2018 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of June 12, 2018, in accordance with the requirements of

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 March 31, 2017, whereby the now eleven year-old child, X , was entrusted to her mother with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Application for extension dated February 14, 2018, are as follows: 3.1. the child continues to suffer form an eating disorder and is followed at the Montreal Children’s Hospital eating disorder clinic; 3.2. the child continues to miss substantial amounts of school days, at times without a valid reason; 3.3. the child still experiences social issues with her peers in school; 3.4. on occasions, the child exhibited behavioural issues, such as screaming and throwing tantrums in school; 3.5. during the month of May 2017, the child at time would threaten not to eat, in an attempt to avoid going to school; 3.6. the mother has been provided with extensive support from different organisations in an attempt to address the child’s issues; 3.7. the child has received art therapy through her CLSC and attended summer camp in 2017; 3.8. the child has undergone a psycho-educational assessment by Ms.

C which concludes that she has a mild intellectual disability, but can remain in a regular school with proper support; 3.9. the child is currently attending a special community program on Saturdays geared towards empowering her and developing her assertiveness; 3.10. the child has received a laptop from the A Foundation and continues to receive tutoring services on a weekly basis (reproduced with errors and/or omissions).

[ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to her mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts and consented to the proposed measures. [ 6 ] The child’s father is deceased. [ 7 ] The child, assisted by Me Ayoub, admitted all the alleged facts and also consented to the proposed measures. [ 8 ] The Director filed Exhibits D-18 to D-20 as evidence: D-18: Court Report, written by Jennifer Dupuis, dated January 31, 2018; D-19: Psycho-Educational Assessment and Addendum, written by C, dated September 22, 2017 and November 3, 2017, en liasse; D-20: Addendum I, written by Jennifer Dupuis, dated June 4, 2018. [ 9 ] In

summary, the need for ongoing support from the Director of Youth Protection is admitted and continued efforts are required to help the child reach her full potential. [ 10 ] The family has received many services: The family has received services from the CLSC and Ms. A has had the intensive services of an Educator for almost two years. Exceptionally, she has had an Educator available to her on-call, including outside of business hours; yet she continues to struggle to implement her learning, including reaching out for support when X refuses to go to school.

The family has had services that go above and beyond the usual mandate, including special accommodations to obtain a laptop for X, tutoring twice a week (which is normally once per week), extra financial support, an exception made for bussing service, special accommodations at school, and even an offer from the delegate and Educator to assist Ms. A with transportation of X when she has medical issues. [2] [ 11 ] However, the mother still tends to be over protective, and her own issues continue to impact her ability to help build her child’s self-confidence: […] Ms.

A continues to view X as ill and fragile, presenting this profile of X to everyone around them, thus causing X to internalize this image of herself and to develop a form of learned helplessness. Ms. A has her own personal issues, including mental and physical health issues, that need to be addressed and which impact on her ability to parent. [3] [ 12 ] As more fully described in the child’s psycho-educational assessment: Significant psychological needs affect academic performance which is already influenced by cognitive deficits, and troubling life experiences.

X’s symbiotic relationship with her mother and lack of self – actualization are impediments to autonomy. Psychological intervention continues to be imperative to X’s livelihood and overall psychological well – being.

Support to assist X’s mother in emphasizing X’s strengths and capabilities and to avoid discussion of X’s weaknesses and health in the presence of X is highly recommended. [4] [ 13 ] Every effort should be made to provide the child with opportunities to socialize, express herself, and develop skills to foster her independence and self-esteem. [ 14 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, 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 , remain in danger under 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 receive consistent therapeutic services as deemed necessary by the treating professionals involved with the family, and that the mother follow any recommendations made; [ 20 ] STRONGLY RECOMMENDS that the mother receive regular follow-up related to her personal issues, and that she take any medication as prescribed; [ 21 ] RECOMMENDS that the child continue to receive tutoring services and that she participate in extra-curricular activities in the community; [ 22 ] STRONGLY RECOMMENDS that the child be registered in as many activities as possible over the course of the summer, more particularly to encourage her to develop skills in her areas of interest such as music, more particularly the drums, or theater or other

forms of artistic expression; [ 23 ] STRONGLY RECOMMENDS that every effort be made to enrol her in such activities as soon as possible; [ 24 ] STRONGLY RECOMMENDS that the Director of Youth Protection support the family as much as possible, in the child’s best interest; [ 25 ] STRONGLY RECOMMENDS that the child attend summer camp; [ 26 ] AUTHORIZES the Director of Youth Protection to exchange relevant information regarding participation and attendance with the treating professionals involved with the family; [ 27 ] 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; [ 28 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire A , who shall then see that the measures are carried out; [ 29 ] THE WHOLE for a period of one year.

Signed on June 20, 2018 TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Marie-Josée Ayoub Attorney for the child TD/vl