2018 QCCQ 20681, 2018 QCCQ 20681

Protection de la jeunesse — 1811475 2018 QCCQ 20681 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-030133-151 DATE : June 14, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [… ], 2005 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT – erreur à l’ordonnance corrections le 13 août 2018 (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to extend the order rendered on November 1, 2016, entrusting the child to a rehabilitation centre with a social follow-up for a period of eighteen months along with other corrective measures. [ 2 ] Essentially, the Director alleges that the parents remain completely removed from the adolescent’s life.

Moreover, they maintain their refusal to complete the adoption process that initially brought the child to Canada from his native [Country A] over three years ago.

They have had no contact with the adolescent and refuse to undertake any parental role. [ 3 ] Meanwhile, the adolescent is progressing extremely well in his current placement and although a home setting continues to be a long-term objective, an appropriate foster family is not available at this time. [ 4 ] Consequently, the Director is asking for an extension of the previous order for a period of 12 months. [ 5 ] The parents are advised of the hearing but have chosen not to appear in court.

They are nonetheless in agreement with the recommendations proposed by the Director as stated in an email filed into evidence [1] . [ 6 ] The lawyer representing the adolescent is of the opinion that the Director’s position is in the adolescent’s best interest. She confirms that her client is progressing well in his current placement and that he wishes to remain where he is. The Situation [ 7 ] The evidence establishes the following: [ 8 ] The adolescent remains at […] Group Home A.

His personal situation has been consistently improving on multiple levels, particularly: - He continues to improve his social skills and has succeeded in making strong attachments with the educators; - He continues to develop his language skills and his progress is satisfactory; - His medical needs are met;

- His previously defiant behaviour has improved and he demonstrates the ability to self-regulate; - He has shown improvement in all subjects at school and his behaviour is satisfactory. [ 9 ] The adolescent continues to have access to various services, namely speech and occupational therapy.

Psychiatric services have also been offered through the […] Institute A. [ 10 ] The adolescent has successfully completed elementary school and the Director is presently exploring various options for the fall but has yet to determine which school is best suited to meet his needs. [ 11 ] The volunteer who shares the adolescent’s cultural background and who had previously taken him on outings is no longer available, having recently given birth.

A new volunteer has assumed the role of “Big Brother”. [ 12 ] There has been no contact between the adolescent and his parents nor does the adolescent refer to them in any way. The parents still have not completed the administrative steps required to finalize the adolescent’s adoption despite the importance of these procedures. They consider that doing so would jeopardize their lawsuit against the adoption agency and prefer to wait until a final judgment on that issue is rendered. [ 13 ] Meanwhile, the adolescent’s immigration status is unclear.

The social worker is currently undertaking steps to ensure that his situation is normalized in order to avoid any potential risk of deportation as an adult. [ 14 ] Keeping in mind the adolescent’s best interest, the Court invites the parents to re-examine their position and to cooperate in this process. Conclusion [ 15 ] Although the Director is of the opinion that a foster family setting is a realistic objective, a family capable of meeting the adolescent’s needs has yet to be identified. The adolescent requires stability, structure and predictability.

Considering that he remains emotionally fragile, the Director is justifiably exercising caution. [ 16 ] Once a family willing and able to care for the adolescent on a long term basis is found, a gradual integration period will be required to ensure a positive transition. [ 17 ] Considering the position of the parties as well as the content of the Court Report filed into evidence, the Court concludes that the security and development of the adolescent continues to be endangered as a result of psychological ill-treatment by the parents as well as serious behavioural disturbances. [ 18 ] The Court further concludes that the measures proposed take into account the best interests of the adolescent. [ 19 ] FOR THESE REASONS, [ 20 ] THE COURT: [ 21 ] GRANTS the motion; [ 22 ] DECLARES that the security and development of the adolescent continue to be endangered ; [ 23 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre; [ 24 ] ORDERS that the frequency and modality of contacts between the adolescent and his adoptive parents be determined by the DYP, taking into account the best interest of the adolescent; [ 25 ] ORDERS that the frequency and modality of contacts between the adolescent and his adoptive parents be determined by the DYP, taking into account the best interest of the adolescent; [ 26 ] WITHDRAWS from the adoptive parents the exercise of the attributes of the parental authority and ORDERS that the DYP be granted the exercise of the attributes of the parental authority with regards to any consent required for health, travel, education and extracurricular activities and the application for a passport; [ 27 ] ORDERS that the adolescent receive all necessary health care and therapeutic services recommended by his treating professionals to address his specific needs; [ 28 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 29 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 30 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On August 13, 2018

__________________________________ KAREN OHAYON, J.C.Q. Me Christine Waldvogel Attorney for the D.Y.P. Me Olivia Dugré Attorney for the adolescent Date of hearing: KO/lf June 14, 2018