2012 QCCQ 17409, 2012 QCCQ 17409

Protection de la jeunesse — 126776 2012 QCCQ 17409 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 640-41-001008-074 DATE: July 18, 2012 ______________________________________________________________________ INT THE PRESENCE OF THE HONOURABLE LISE GAGNON, J.C.Q. ______________________________________________________________________ IN THE MATTER OF THE CHILD: X Born on […], 1999 [SOCIAL WORKER 1], person duly authorized by the Director of Youth Protection A., working in City A (Quebec), district A; Petitioner -and- A , residing and domiciled in City A (Quebec), district A; Mother -and- FATHER (undeclared). ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection (DYP) submits to the Court a motion for revision of a decision rendered on February 14, 2012, by Justice Nancy McKenna, in which she entrusted the youth to a reception center for a period of six months with a possibility of reintegration in a foster family after four months if the situation would allow it. [ 2 ] X's reintegration in a foster family was not possible in the last six months because X was not quite ready for it. [ 3 ] Today, the DYP asks the Court to maintain X in a reception center for six months with the objective of pursuing his reintegration in a foster family as soon as the situation will allow it. [ 4 ] At the hearing, all parties consent to the recommendations made by the DYP. [ 5 ] However, the child's psychologist is of the view that the child needs to stay in a well-structured environment for a lengthy period. [ 6 ] With this in mind, at the hearing, the Court requested the social worker's opinion on the advisability to order a placement in a reception center for twelve months instead of six months to proceed to X's reintegration in a foster family. [ 7 ] To that question, the social worker answers that he does not foresee any problem in ordering a longer period of placement in a reception center.

He agrees that the reception center would provide a neutral space for X to return to if, from time to time, he would need to step back and figure out how to adjust to living in his foster family. [ 8 ] He says that if the process is well explained to X, he believes the youth will understand and collaborate. [ 9 ] Following his testimony, the Court decided to extend the period of placement in the reception center to twelve months, allowing the reintegration of the youth in a foster family at any time during that period.

Update of the situation since February 14, 2012 [ 10 ] The mother is still struggling with a drinking problem. The child sees her less and less. The mother does not call him at the group home. [ 11 ] On X's side, he makes progresses. In school, he increased his mark from D and E to C and B. His behaviour also improved. He has better respect for the rules and he follows the routine.X also enjoys staff attention and really likes to play. [ 12 ] However, X still displays self-control issues. He has a hard time dealing with frustrations and he can be violent with others.

Recently, he cut another child's hand with an exacto and did not show any remorse. [ 13 ] X has to work on his aggressive reactions if he really wants to integrate a foster family. [ 14 ] Dr. Beltempo proceeded to X's psychological evaluation. In his report, dated March 29, 2012, Dr. Beltempo writes: “This is probably a child who has attachment difficulties in separating from his mother, probably of the disorganized type, and so this is one of the offshoots of parenting where there was a lack of structure and supervision.” (pièce D-6, page 8) [ 15 ] Dr.

Beltempo recommends that X benefits from a lengthy period of high structured placement before integrating a foster family on a full time basis. He also suggests that the foster family be taught how to deal with X’s problem in a non-judgemental way and neutral fashion, much like the group home staff is doing now. Analysis and applicable measures [ 16 ] There is no doubt that the youth made efforts in the last six months to improve his behaviour.

However, he still has some progress to make before being able to integrate a foster family. [ 17 ] Because of his attachment disorder and his need for structure and coherency, the integration in a foster family will be a delicate step forward, for which the Court prefers to allow all the time required. [ 18 ] This reintegration shall not start before X is ready. [ 19 ] As importantly, the foster family that will be chosen needs to have a solid experience. The match must be done carefully. [ 20 ] Finally, once the match is done, the integration must follow X's rhythm and needs. Time must serve the objective.

If it takes two months, it will take two months. If it takes four months, it will take four months.

If it takes eight months, it will take eight months. [ 21 ] Most importantly, X must have the possibility, if things do not go as well as expected, to come back at the group home, find his breath, think about how to make things better and go back to the same foster family to work on this reintegration. [ 22 ] The idea is not to multiply the attempts in different foster families but to make one serious attempt at a slow step-by-step process in a well chosen foster family that will accept some come and goes if needed. [ 23 ] The Court worries that if X does not work his way slowly in one foster family, he will be transferred from one foster family to another one, with the result that he will end up returning in a reception center. [ 24 ] This is certainly something to avoid in X's best interest. [ 25 ] For theses reasons, the Court will grant the petition, but as for the period required in a reception center, the Court will allow the DYP to use the full twelve months if necessary to integrate the youth in a foster family. [ 26 ] The Court encourages X to continue making efforts.

X is doing better than last year. That is very good. It is a step in the right direction. [ 27 ] The Court is convinced that X can now improve his behaviour some more to be able to start his integration in his new home, hopefully a home for life.

FOR THESES REASONS, THE COURT : GRANTS the petition; REVISES the decision rendered on February 14, 2012 by Justice Nancy McKenna; DECLARES that X's security and development are still compromised; ORDERS that X be entrusted in a reception center for a period of one (1) year with a progressive reintegration in a foster family if the situation allows it; ORDERS that contacts between the parents and the child be supervised by the Director of Youth Protection in terms of frequency and conditions; ORDERS that contacts between siblings be encouraged; ORDERS that X and his mother take an active

part in the application of the measures;

ORDERS that a person working for an institution or body provides aid, counsel and assistance to the child and the mother for one (1) year; ENTRUSTS the situation of X to the Director of Youth Protection A ,who shall see that the measures are carried out; ORDERS the police to collaborate in the execution of this order. __________________________________ Lise Gagnon, J.C.Q. M e Gabriel Gaudreault Attorney for the DYP M e Myriame Gaudreault Atttorney for the child M e Angele Tommasel Attorney for the mother Date of hearing: July 18, 2012