2019 QCCQ 18783, 2019 QCCQ 18783

Protection de la jeunesse — 197952 2019 QCCQ 18783 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-033254-178 Date: August 21, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2007 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of August 21, 2019, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on May 17, 2018, whereby the now twelve year-old child, X , was entrusted to the care of his paternal grandparents with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for extension dated April 23, 2019, are as follows: 3.1. the child remains entrusted to the paternal grandparents, who have been recognized as a kinship foster family for the child; 3.2. in July 2018, the child underwent a neuropsychological assessment, which resulted in recommendations to help deal with the child’s behavioural issues; 3.3. the paternal grandparents have implemented the recommendations of the neuropsychological assessment, have responded well to the child’s needs, and have provided a nurturing and supportive environment for him; 3.4. the paternal grandparents have collaborated well with the educator to deal with the child’s ongoing behavioural issues; 3.5. the child continues to demonstrate certain behavioural problems but overall has made significant gains in the kinship foster family and at school; 3.6. the mother has remained consistent with her visits and has fully participated in the intervention; 3.7. the father has also maintained visits with the child, but certain of these were cancelled due to work constraints; 3.8. the child’s interest requires that he be maintained in the care of the paternal grandparents on a long-term basis; 3.9. the parents agree for the child’s ongoing entrustment to the paternal grandparents; 3.10. the paternal grandparents agree to continue caring for the child on a long-term basis (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to his paternal grandparents, with aid,

counsel and assistance, as well as additional corrective measures, until he reaches the age of majority. [ 5 ] The parents, who chose to proceed without the assistance of legal counsel, admitted all the alleged facts and consented to the proposed measures. [ 6 ] The child, assisted by Me James, also agreed to the proposed measures. [ 7 ] The Director filed Exhibits D-4 and D-5 as evidence: D-4: 95 Court Report, prepared by [social worker 1], dated April 9, 2019; D-5: Neuropsychological Assessment, prepared by Dr. Nathalie Desormeaux, dated July 3, 2018 (filed under

section 293 C.C.P.). [ 8 ] In

summary, the child’s paternal grandparents have made it their priority to meet his needs and to provide him with the stability and daily nurturing required for him to thrive: X is a bright energetic child who continues to harbor anger and sadness towards his parents for their inability to provide him with the care that he requires. X would often act out his feelings of sadness when he does not feel comfortable, competent or supported by the adults in his life. Until his placement with his paternal grandparents, X lacked a sense of belonging and acceptance and this had affected his self-esteem.

The lack of belonging and security that X had lived coupled with his many diagnoses has made it very difficult for X to trust the adults looking after him. Despite these challenges, X continued to make attempts to use the strategies and interventions taught to him to manage his feelings and behaviors. Ms. C and Mr.

D are committed to X and have continued to make him their priority and are meeting all his needs. [2] [ 9 ] The child’s parents remain consistently involved in their son’s life but acknowledge that it is in the child’s best interest to remain with his grandparents who are committed to caring for him on a long term basis. [ 10 ] They appear to be well aware of the child’s challenges, as described in his neuropsychological assessment, and encourage him to pursue activities to build his self-esteem. [ 11 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child’s interest.

THEREFORE, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 14 ] ORDERS that the child remain entrusted to the foster home of his paternal grandparents, Ms. C and Mr.

D; [ 15 ] ORDERS that the frequency and modality of contacts between the child and his parents be determined by consent between the parties; [ 16 ] TAKES JUDICIAL NOTICE that such contacts generally occur on alternate weekends with each parent; [ 17 ] ORDERS that the recommendations of the neuropsychological assessment by Dr.

Nathalie Desormeaux [3] be followed; [ 18 ] STRONGLY RECOMMENDS that the parents maintain consistency and predictability in their contacts with the child; [ 19 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family; [ 20 ] ENTRUSTS the situation of the child, X , 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; [ 21 ] THE WHOLE until he reaches the age of majority, on […], 2025.

Signed on September 12, 2019 TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Luce James Attorney for the child TD/vl