2018 QCCQ 6610, 2018 QCCQ 6610

Protection de la jeunesse — 18411 2018 QCCQ 6610 JM2505 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF […] N° : 505-41-008499-164 DATE : January 30, 2018 ______________________________________________________________________ PRESIDED BY : THE HONORABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [Social Worker 1], youth protection worker duly authorized by the Director of Youth Protection A, Applicant -and- X , born on [...], 2011 Child -and- A Mother -and- B Father ______________________________________________________________________ J U D G M E N T Sections 95 (1) and (2) 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) presents an Application for Revision and Extension of a Court Decision rendered on May 31, 2017. [ 2 ] On this date, the Honourable Judge Beatrice Clement takes acts of the Agreement to have intervened between the parties following an Amicable Settlement Conference. [ 3 ] Most particularly, the parties agree that the child be entrusted to a rehabilitation centre chosen by the Director for a period of six months. [ 4 ] Today, the Director recommends that the child be entrusted to a rehabilitation center until June 30, 2018, and that the contacts between the child and his mother be following an agreement between the parties.

The Director suggests that the contacts between the

child and his father be following an agreement between the parties concerning the terms, frequency and the degree of supervision required, once the father has met the delegate for three meetings. [ 5 ] The Director also asks to withdraw the exercise of certain attributes of parental authority from the father and authorize the mother to sign alone the authorizations required in the situation of her son. [ 6 ] The parents and the attorney of the child agree with the measures sought by the Director. [ 7 ] On June 5, 2017, the child integrates the group home C’s House. [ 8 ] The objective of this placement is to provide the child with a consistent, structured environment that will allow him to recognize his negative behaviour and to equip him with tools necessary to better cope with everyday situations. [ 9 ] The situation of the child evolves positively. [ 10 ] X uses the techniques and the strategies to calm himself down.

He is capable of listening and following through with the rules and had reduced the amount of opposition. [ 11 ] In December 2017, the child has been accepted to A day program at the Douglas Hospital, four days a week. He benefits from a psychological and medical follow-up. His medication has been reassessed. He also works on social and relational skills in addition to attending a class for about two hours a day. [ 12 ] The child benefits from contact with his mother each weekend with two sleepovers. The contacts are positive. [ 13 ] The mother verbalizes that she sees a big difference in her son’s behaviour.

The mother is able to place a similar routine that the one at the group home. [ 14 ] The collaboration of the mother is excellent and she is proactive to obtain services for her son and for herself. [ 15 ] The mother benefits from a home bound educator and a personal group therapy. [ 16 ] The child is accepted to receive services from IVAC and has a regular follow up with a psychiatrist. [ 17 ] The father had contact with his son the first three weeks following his integration into the group home.

After that period, he did not respond to the calls of the delegate. [ 18 ] The father told the Court that he saw his son at the mother’s house a couple of times. The mother denies this information. She admits that the father saw the child once or twice at her house and she did not inform the delegate. [ 19 ] Due to his absence, the delegate was not able to evaluate the relationship between the father and his son.

ANALYSIS [ 20 ] Since the age of two years old, the child has been struggling with behavioural issues associated to difficulties dealing with his emotions. [ 21 ] In the past, he has been very aggressive and impulsive. [ 22 ] Since the last Court order, the proof reveals significant improvements in the behaviour of X . [ 23 ] At his mother’s house, the child is much more collaborative and responds better to the authority. [ 24 ] If the situation continues to evolve positively, the integration of the child at his mother’s house will occur in April 2018. [ 25 ] Until then, the contact with the mother will be encouraged. [ 26 ] The mother has collaborated consistently with the group home and the Director.

She understands the situation and she is working closely with the professional in the best interest of X . [ 27 ] Considering the lack of collaboration of the father and his absence in the life of his son during a couple of months, the Court will authorize the mother to sign alone the authorizations concerning X . [ 28 ] The parents should continue to work on their personal issues. [ 29 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations.

FOR THESE REASONS, THE COURT: [ 30 ] GRANTS the application; [ 31 ] DECLARES that the security and the development of the child X are still in danger; [ 32 ] REVISES AND EXTENDS the Court order rendered on May 31, 2017 in the present file; [ 33 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by Director of Youth Protection A;

[ 34 ] TAKES JUDICIAL NOTICE that the child is placed at the C House Group home; [ 35 ] ORDERS that the contacts between the child and his mother be following agreement between the parties; [ 36 ] ORDERS that the contacts between the child and his father be following agreement between the parties concerning the terms, frequency and the degree of supervision required, once the father has met with the delegate for three meetings; [ 37 ] ORDERS that the child and his parents take an active

part in the application of the measures ordered; [ 38 ] ORDERS that a person working for an institution of body provide aid, counselling or assistance to the child and his family; [ 39 ] WITHDRAWS the exercise of certain attributes of parental authority from the father and AUTHORIZES the mother to sign alone the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport; [ 40 ] AUTHORIZES a period for a progressive return of the child at his mother’s house following agreement between the parties; [ 41 ] ENTRUSTS the situation of the child X to the Director of the Youth Protection A for the execution of the measures ordered; [ 42 ] THE WHOLE until June 30, 2018. ________________________________ Lyne Morin , J.C.Q.

M e Caterine Caron Attorney for the Director M e Myriam Couillard Attorney for the child Me Alissa Provost Attorney for the mother Mrs. Andréa Ruel for Me Kathleen O’Meara Attorney for the father Hearing date: Signed judgment: January 30, 2018 February 9, 2018