2022 QCCQ 14569, 2022 QCCQ 14569

Protection de la jeunesse — 229195 2022 QCCQ 14569 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000963-223 DATE: December 13, 2022 (written judgment rendered on January 12, 2023) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2014 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (Section 38 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 et 9.3 et 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to declare that the security and development of the child X, born on [...], 2014, are endangered under

section 38 b) 1 iii [1] of the Youth Protection Act . [ 2 ] The DYP asks to maintain the child under his mother’s care until September 30, 2023. Position of the parties [ 3 ] The mother is present and not represented. She recognizes that the security and development of her child are endangered, and she agrees with the measures. [ 4 ] Despite being dully served, the father is absent and not represented. He confirmed not being able to attend because he was at school, but he expressed agreeing with the DYP’s request. [ 5 ] The child is present and represented by M e Samuel Richard-Guertin.

After hearing the evidence, M e Richard-Guertin submits to the Court that the measures are in the child best interest. Facts [ 6 ] Considering the absence of contestation, the parties file a draft agreement. [ 7 ] In this draft agreement, the parties admit the facts that justify the declaration of endangerment.

The facts are the following: - 7.1 In February 2022, the DYP was informed that the child was not attending school for a long period of time; - 7.2 After a first contact with the mother, she explained that she has the intention to homeschool her child; - 7.3 But after further verifications at the end of April 2022, the DYP found that the child was not registered in school and the “signalement” was retained for evaluation; - 7.4 In fact, it is confirmed by the elementary school situated in Town A that the child did not attend classes for the remaining of the 2021-2022 school year; - 7.5 The school also informed the DYP that the child teacher provided the mother with some homework for her child at the end of the school year 2020-2021 but it appears that the mother never follows up with the teacher afterward;

- 7.6 In May 2021, the mother had already disclosed that her child will never go back to school anyway; - 7.7 The mother was met only once on May 26 th , 2022 and she was reluctant to let the DYP worker meet the child for assessment purpose; - 7.8 The mother left this meeting saying to the worker that she would think about it and get back to her; - 7.9 Until October 2022, the DYP was not able to evaluate the child’s situation nor meet with him; - 7.10 Until October 2022, the mother’s collaboration with the DYP was inexistent.

She doesn’t answer or reply, most of the time, to phone calls, text messages and visits to the family residence; - 7.11 The DYP asked for help from a cultural […] worker to assist the mother in the situation but without any result at that time; - 7.12 The mother expressed that she wants to raise her child alone, without any other institution to be involved including the home- schooling program with the Ministry of Education until now; - 7.13 On June 13, 2022, the mother informed the DYP by text message to leave them alone, writing at the same time that she won’t meet with anyone of the DYP worker until October 2022; - 7.14 On August 25, 2022, the Court rendered a decision in regards of the situation of the child and it was ordered to the mother, on provisional measures, to collaborate with the DYP and also ensure that her child is going to be registered in school for the beginning of the current school year; - 7.15 Although the child’s maternal grandfather was able to reach the mother, it appears that she simply didn’t want to collaborate with the DYP at that time and enroll the child in school until October 2022; - 7.16 In fact, the mother could not be reached, despite multiple attempts by the worker, whether by letter, by message or through members of the family; - 7.17 In face of the situation, the DYP decided to take steps to place the child in a foster family; - 7.18 On October 11 th 2022, the child remained under the care of the mother and she engaged herself at Court to register the child to school before November 1 st , 2022; - 7.19 On or about November 9 th , 2022, the DYP’s delegate received a confirmation that the child was registered to school at the School Board A; - 7.20 As for the father, he is currently living in Town B and was mostly absent of the life of the child for the last 6 years; - 7.21 The mother and the child went for two weeks in Town B in November 2002 to see the father in order to have them reconnected; - 7.22 Since then, the father and the mother have regular contacts together by FaceTime and on the phone. [ 8 ] The parties agree with the following measures: - 8.1 That the child remains with his mother; - 8.2 That the parents report periodically to the DYP on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security or development of the child is in danger - 8.3 That a person working for an institution or body provide aid, counselling or assistance to the child and the child's parents until September 30 th , 2023; - 8.4 That the parents accept the exchange of information between all professionals implicated in the family's life to put an end to the situation in which the security or development of the child is in danger; - 8.5 That the child be registered at an education system/establishment such as the School Board A so that the mother can homeschool the child legally.

Analysis [ 9 ] After verifying that the consent was given freely, the Court declares to agree with the measures and accepts to ratify it. [ 10 ] That being said, the Court wants to underline the fact that, in this situation, the mother never refused for her child to receive schooling. She always homeschooled her child and the comments are unanimous to the fact that she is doing very well.

The child is doing learning activities in accordance with his normal grade, but everyone confirms that he is doing much better than the children registered at the school in the same community. [ 11 ] The mother had installed a real classroom at her place. The Court was provided with the picture and many children could be jealous of this child.

[ 12 ] The DYP worker testifies about the good relation that she had been able to develop with the mother since the beginning of the intervention. They had together good discussion. The mother understood the fact that the registration to a school board is mandatory. On her side, the DYP worker understands the reason why the mother was until recently very resistant to such registration. FOR THOSE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of the child X, born on [...], 2014, are endangered under

section 38 b) 1 iii of the Youth Protection Act ; [ 15 ] RATIFIES the draft agreement; [ 16 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on December 13, 2022; [ 17 ] ORDERS the parties to comply with the following measures; 17.1 That the child remains with his mother; 17.2 That the parents report periodically to the DYP on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security or development of the child is in danger 17.3 That a person working for an institution or body provide aid, counselling or assistance to the child and the child's parents until September 30 th , 2023; 17.4 That the parents accept the exchange of information between all professionals implicated in the family's life to put an end to the situation in which the security or development of the child is in danger; 17.5 That the child be registered at an education system/establishment such as the School Board A so that the mother can homeschool the child legally; [ 18 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgement a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgement to be subsequently delivered; [ 19 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of this order. __________________________________ PEGGY WAROLIN , J.C.Q.

M e Marie-Michelle Grenier, attorney for the Director of Youth Protection M e Samuel Richard-Guertin, attorney for the child Date of hearing: December 13, 2022