2016 QCCQ 13777, 2016 QCCQ 13777

Protection de la jeunesse — 166103 2016 QCCQ 13777 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31000-169 Date: September 9, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2007 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 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 September 9, 2016, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of a child is in danger in the case of X , a nine year-old child, based on the neglect to which he is exposed. [ 3 ] The facts alleged in support of the motion dated April 14, 2016 are as follows: 3.1. as pertinent background information, the child is autistic and has Attention Deficit Hyperactivity Disorder and functions at a kindergarten level; […] 3.3. there is a serious risk of neglect that the parents are not providing for the child’s basic needs, more particularly but not restrictively in that:

a) faced with the signalement, the mother reported that she could no longer handle the child’s behaviours;

b) the mother stated that she prefers for the child to reside with the paternal grandmother for the time being;

c) the mother feels that, if the child is with the paternal grandmother, she should not have any responsibility towards the child, including transportation to and from school; 3.4. at this point, the paternal grandmother is available to care for the child; 3.5. both parents are in agreement with the proposed plan (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to his paternal grandmother with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] Both parents, who chose to proceed without the assistance of legal counsel, admitted all the facts alleged in support of the

motion and expressed their consent to the proposed measures. [ 6 ] Me Leclerc, on behalf of the child, made no admissions but also approved of the measures proposed by the Director of Youth Protection. [ 7 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Child’s birth certificate; D-2: Court report, signed by [Social Worker 1], dated September 1, 2016. [ 8 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 9 ] The parents admit that they are incapable of independently caring for their son and that the paternal grandmother is able to provide him with the care, affection and support he requires. [ 10 ] The mother acknowledges that she has many issues to deal with in her personal life and claims to be looking into getting therapy for herself. [ 11 ] Since being entrusted to his grandmother, the child has received the medical care that he was lacking: On July 3, 2015, the caseworker spoke to Ms.

C who reported that she moved to her new home. She explained that she recently brought X to the optometrist (Dr. Jarry) who explained that he requires special lenses given his difficulty seeing. Ms. C ordered glasses that are called magnified glasses and they were approximately 500$. On July 4 th she brought X to the dentist (Dr. Lai) who reported that X’s teeth are not heathy and he has ulcers under his gums, on his cheeks and his tongue.

The dentist then mentioned that X has a lot of cavities and that in her opinion this appears to be the outcome of “years of neglect”. [2] His behavior also seems to be improving and the grandmother appears completely dedicated to making his needs her priority. [ 12 ] However, as the child suffers from autism and ADHD, his needs are considerable and specialized support services are essential: Ms.

C reports that though she reads on how to parent a child with special needs, she reports that having extra support from an organization who specializes in these types of services could be beneficial to her and most importantly to X. [3] [ 13 ] He is currently on a waiting list for services from CROM. [ 14 ] As for contacts between the child and his parents, the grandmother expresses frustration at the parents’ limited involvement and is open to encourage as frequent and stable contacts as possible in the child’s interest. [ 15 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the child's interest.

THEREFORE, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and the development of the child, X , are compromised under sections 38 b) 1) ii) and 38 b) 1) iii) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 18 ] ORDERS that the child be entrusted to his paternal grandmother, Ms.

C; [ 19 ] TAKES JUDICIAL NOTICE that the father is currently residing with his mother but that it is expected that the mother will soon be moving and, consequently, that the father will then no longer be residing in her home with the child and that frequent and regular contacts, even on a daily basis, between the child and his father will be encouraged; [ 20 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by the Director of Youth Protection; [ 21 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection strongly encourages frequent and even daily contacts between the child and his parents; [ 22 ] TAKES JUDICIAL NOTICE that the mother appears to expect that her contacts with the child will take place minimally once a week; [ 23 ] STRONGLY ENCOURAGES the parents to be as present and involved in the child’s life as possible; [ 24 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to Ms.

C, the paternal grandmother, so that she may sign any authorizations required for the child with regard to health care services, school services and extra-curricular activities; [ 25 ] RECOMMENDS that the mother take steps to resolve her personal issues;

[ 26 ] TAKES JUDICIAL NOTICE of her undertaking to seek counseling; [ 27 ] ORDERS that the Director of Youth Protection be authorized to obtain and share information with professionals working with the family; [ 28 ] TAKES JUDICIAL NOTICE of the parents’ consent; [ 29 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 30 ] ORDERS that the child and the parents take an active

part in the application of the measures ordered; [ 31 ] ORDERS that a person working for [centre A] provide aid, counsel and assistance to the child and his family; [ 32 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 33 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 34 ] THE WHOLE for a period of one year. TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Michel Leclerc Attorney for the child TD/vl