2018 QCCQ 14446, 2018 QCCQ 14446

Protection de la jeunesse — 184960 2018 QCCQ 14446 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF […] N° : 525-41-032087-173 525-41-032088-171 525-41-032089-179 DATE : March 14, 2018 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2004 Y , born on [...], 2007 Z , born on [...], 2016 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father of Y and Z Respondents ______________________________________________________________________ JUDGMENT (Section 95 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on March 14 th , 2018 . [ 2 ] The Director of Youth Protection (the Director) seizes Court of three applications for extension of a decision rendered by the undersigned on March 7 th , 2017. The Director is asking that the children continue to remain entrusted to the parents and that youth protective measures be ordered for a period of one (1) year. [ 3 ] The parents admit many of the facts alleged in support of the applications.

They do not agree with the statement made by the Director to the effect that it has been difficult to mobilize the family in order to participate in home visit meetings. The parents agree with the recommendations made by the Director . [ 4 ] Counsel for the children makes no admission on behalf of the youngest child, Z. On behalf of X and Y, certain admissions are made. Although X questions the time period for the involvement of the Director, the recommendations meet the agreement of both X and Y. The lawyer also agrees with the agreement made for young Z.

CONTEXT [ 5 ] Although the father has been able to refrain from all forms of physical discipline with the children, the mother has resorted, at least on one occasion, to slapping her daughter X. [ 6 ] Both parents recognize that, at times, the behavior of X and Y can be challenging. As the new worker explains the situation, the parents need coaching in order to meet the specific needs of their children. [ 7 ] Y continues to exhibit challenging behaviors. He does not often listen or follow structures put in place for him. He is currently repeating grade 2.

The child underwent a psychological assessment and subsequently a psycho-educational assessment. The Director and the parents will follow through on the recommendations made for the child to be assessed by a speech and language pathologist to help understand his learning style. Will also be explored the possibility for Y to attend English school. [ 8 ] The family is currently working with an educator who helps the parents addressing challenges such as X’s difficulty to respect house rules and curfew. [ 9 ] The parents recognize the necessity for the continued involvement of the Director .

They are committed to work collaboratively with the Director as well as with the educator. [ 10 ] The Director has established that the security and development of the children are still compromised. The measures recommended meet the needs of the children and are in their best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the applications; [ 12 ] DECLARES that the security and the development of the X Y and Z are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 13 ] ENTRUSTS Y and Z to their parents; [ 14 ] ENTRUSTS X to her mother; [ 15 ] ORDERS that the parents collaborate with the Director of Youth Protection ; [ 16 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the children and their family (including the services of an educator) for a period of twelve (12) months; [ 17 ] ENTRUSTS the situation of X Y and Z to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A, who shall then see that the measures are carried out.

Concerning Y : [ 18 ] ORDERS that the child receive the following health care services: • a speech and language assessment and ORDERS that the parents follow through with the recommendations; • a consultation or assessment in psychiatry and ORDERS that the parents follow through with the recommendations; [ 19 ] ORDERS that the Director of Youth Protection explore the possibility for the child to attend English school; Signed on _______________ _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Dominique Douglas Attorney for the Director of Youth Protection Me Luce James Attorney for the children Date of hearing : March 14 th , 2018