2020 QCCQ 12773, 2020 QCCQ 12773

Protection de la jeunesse — 209243 2020 QCCQ 12773 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006323-201 DATE: November 3, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2016 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant 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 ] Alleging that the child’s security and development are in danger in reason of his parent’s lifestyle and lack of response to his basic needs, the Director of Youth Protection seeks a protection order for one year. [ 2 ] The parents subscribe to the evaluation and orientation sought by the Director. Such is also the case for the attorney of the child, in virtue of her legal mandate. Analysis and decision [ 3 ] The Director intervenes in the child’s situation as of November 2019.

The child then resides with his parents and his two maternal half-siblings. [ 4 ] The child is diagnosed with severe autism and a global developmental delay. He is functionally non-verbal and has adaptive difficulties in most spheres. [ 5 ] The parents maintain a volatile relationship, punctuated by repeated conflicts and police interventions. As well, the father deals with ongoing alcohol and drug issues, for which he fails to receive services. [ 6 ] In December 2019, an agreement on voluntary measures intervenes between the parties, providing various protective measures for 9 months.

Within this agreement, the parties recognize the child’s exposure to arguments and violence between his parents (psychological ill-treatment) and that his father continues to struggle with his addiction issues (serious risk of neglect). [ 7 ] As well as agreeing that the child no longer be subject to parental conflicts, the father undertakes to remain sober and to take the necessary steps to address his substance addiction. [ 8 ] Following this agreement, the parents separate.

Their contacts are prohibited in virtue of criminal conditions of release. [ 9 ] Until summer 2020, the parents offer little collaboration with the social services follow-up. They are difficult to reach and/or don’t respond to messages. They lack transparency. [ 10 ] The mother doesn’t fully recognize that she is not responding to her son’s needs nor that her failure to pursue services impacts his development.

Although the father is more open to the Director’s evaluation and wishes to be more involved, his personal issues overwhelm his capacities to do so. [ 11 ] The parents offer contradictory versions of the father’s contacts with his son. In July and August 2020, the child is returned to

the mother as the father is not respecting his criminal conditions. Overall, the evidence shows that the mother allows contacts without advising nor consulting social services. [ 12 ] The child doesn’t receive proper stimulation regarding his general development and specific needs. He doesn’t attend daycare and spends most of his time playing video games.

He is often left under his 17-year old brother’s care, who is himself autistic. [ 13 ] The mother doesn’t faithfully follow through on, or refuses, the many services and recommendations made by professionals in relation to her child’s challenges and this, on a continued basis. Services remain in waiting for the child (speech therapist, educator, daycare, special needs class). [ 14 ] This situation is also reflected as to the care offered to the child’s younger half-sibling, who demonstrates a failure to thrive since her birth in [...] 2020.

The Director also intervenes as to this child in reason of neglect. [ 15 ] After a provisional order is rendered in July 2020 as concerns the child’s younger half-sibling, the parents offer a more sustained cooperation. [ 16 ] The mother is seen to be more involved and consistent as to her children’s various needs and follow-ups. [ 17 ] The father commences services in regards to his addiction issues (AA) and agrees to consult an addiction worker.

He makes efforts to stabilize his personal situation. [ 18 ] In consideration of the evidence and the consent of the parties, the Court concludes that the security and the development of the child are in danger for the reasons invoked by the Director. The Court further endorses the measures suggested, which are the reflection of the child's best interest and the objectives of the law.

FOR ALL THESE REASONS: [ 19 ] GRANTS the application for protection; [ 20 ] DECLARES that the security and the development of the child are in danger for the following reasons: • Educational neglect (article 38b)1)iii) Youth Protection Act ) • Serious risk of neglect (article 38b)2) Youth Protection Act ) • Psychological ill-treatment (article 38c) Youth Protection Act ) [ 21 ] ORDERS that the child remain in his maternal environment; [ 22 ] ORDERS that the contacts between the child and his father be determined following agreement between the parties and the presence of a third party chosen by the Director; [ 23 ] ORDERS that the father be sober at all times in the presence of his child; [ 24 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures that apply in their own regard or their child regard to put an end at the situation in which the security or development of the child is in danger; [ 25 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 26 ] RECOMMENDS the father participates in a follow-up with an addiction worker; [ 27 ] AUTHORIZES the Director to communicate with the health care professionals of the child; [ 28 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and his family; [ 29 ] ALL THESE MEASURES for one year; [ 30 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry-Staub Attorney for the Applicant

Me Maryse Fournier Attorney for the mother Me Karine P. Poissant Attorney for the child Date of hearing: November 3 rd , 2020 Date of signature: January 5 th , 2021