2021 QCCQ 8188, 2021 QCCQ 8188

Protection de la jeunesse — 213422 2021 QCCQ 8188 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No.: 505-41-010472-217 DATE: June 22, 2021 ______________________________________________________________________ PRESIDING: THE HONOURABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- X, born on [...], 2008 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or a child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) asks the Court to declare that the security and development of the child are in danger due to neglect on an educational level. [ 2 ] As principal measures, the Director recommends that the child remain in his maternal family and that he attends a school or another place of learning or participates in a program geared to developing skills and autonomy.

The Director proposes measures of assistance for a period of 6 months. [ 3 ] The mother is present at the hearing today. [ 4 ] The father is not involved in the child’s situation. Court proceeds in his absence. [ 5 ] The mother and the child agree with the measures sought. FAMILY SITUATION [ 6 ] The child lives with his mother and his two adult brothers. [ 7 ] The child never had any contacts with his father. CONTEXT AND ANALYSIS [ 8 ] During the fall of 2020, the child missed school days considering health issues. In the past, the child was hospitalized for 8 or 9

days for a lung infection. The mother explains that she is scared as to COVID-19 and that is mostly why she did not send her son to school. [ 9 ] The mother prefers to do home schooling with her son and mentions that her son’s education is her priority. [ 10 ] The school said that the child frequently missed school. He could miss 12 days in a row, and then come back for 3 days. It has been that way for the past years. It is difficult for the school to get in touch with the mother. [ 11 ] On February 17 and March 15, 2020, the Director contacted the homeschooling department.

The child’s registration was never completed. The Director tried to reach the mother. The postal services and bailiff confirmed that the mother did receive the letters. The mother does not collaborate with the Director. [ 12 ] Today, the mother says that her son’s registration is now complete. [ 13 ] The child has accumulated a lot of learning delays and is not of high school level. He has a hard time reading. He should be in secondary 2 for the next school year. [ 14 ] The mother needs to come up with a plan to make sure her son has a proper education.

She will need help to organize and to structure her routine for homeschooling.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the child are in danger for the following reason: ➢ 38 b) 1° iii: neglect on an educational level; [ 17 ] ORDERS that the child remain with his family; [ 18 ] ORDERS that the parents report periodically to the 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 in which the security or development of the child is in danger; [ 19 ] ORDERS that the child and the parents take an active

part in the application of any of the measures; [ 20 ] ORDERS that a person working for an institution or body provide aid, counseling and assistance to the child and the family; [ 21 ] ORDERS that the child attend a school or another place of learning or participate in a program geared to developing skills and autonomy; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth protection A for the execution of the judgment; [ 23 ] THE WHOLE for a period of 6 months. __________________________________ Lyne Morin , J.C.Q.

Mtre Adrienne Fournier-Sirois Counsel for the Director of Youth Protection Mtre Myriam Couillard Counsel for the child Mtre Patrick Cormier Counsel for the mother Date of hearing: Judgment signed: June 22, 2021 July 2, 2021