2019 QCCQ 16234, 2019 QCCQ 16234

Protection de la jeunesse — 195497 2019 QCCQ 16234 JA1021 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT […] LOCALITY […] Nº : 505-41-003772-045 DATE : June 21, 2019 ______________________________________________________________________ PRESIDED BY JUSTICE JEAN-PIERRE AUTHIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A (The Director) Applicant and X , born on [...], 2003 Child and A Mother and B Father _______________________________________________________________________ J U D G E M E N T

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 11.2.1 and 135 Y.P.A .] [ 1 ] This judgment confirms and reasons the order rendered on June 21, 2019. [ 2 ] The Director of Youth Protection filed a motion for the extension of the order rendered on February 21, 2018. [ 3 ] Given the evolution of the situation, the Director is requesting the child’s placement to a reception center for one year. [ 4 ] Mother is not present at the hearing. She is not implicated with the child.

CONTEXT AND ANALYSIS [ 5 ] The child had to be removed from his foster family because he was showing a defiant behavior. [ 6 ] In the new foster family, it is also reported that the child has had seemingly unappropriated sexual behavior towards other children, namely his step-siblings — father’s children.

[ 7 ] Furthermore, there were traces of a research for sexual intercourse on an electronic device that the child used. The child is denying any unappropriated sexual misconduct or wrongdoing, but is agreeing to the measures. [ 8 ] Although the relationship with his father was evolving for the best, the events with his step siblings — July 2018 — made the father very disappointed and angry with the child to a point that the latter is now forbidden to be in contact with his step-siblings. [ 9 ] Added to the episode where the former foster family has remained strained, he is still having contacts with the latter.

He is well aware that it is not foreseeable for him to go back and live with them for now. [ 10 ] It is this Tribunal’s opinion that the security and development of the child are still in danger. [ 11 ] Taking into consideration the entered evidence, the Tribunal concludes that the child’s placement in a rehabilitation center is the most appropriate measure and the only one that best suits his interest.

FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the modified application; [ 13 ] DECLARES that the security and the development of the child X are still in danger; [ 14 ] DECLARES that the security and development of the child X are in danger for the following motive : • 38f): serious behavioral disturbances [ 15 ] EXTENDS the Court order rendered on February 22 nd , 2018; [ 16 ] ORDERS that the child be entrusted to rehabilitation center chosen by the Director of Youth Protection; [ 17 ] ORDERS that the contacts between the child and his father, siblings and step-siblings be following agreement between the parties; [ 18 ] ORDERS that the contacts between the child and his sibling be following an agreement between the parties; [ 19 ] ORDERS that the contacts between the child and B’s family be following an agreement between the parties; [ 20 ] SUSPENDS the contact between the child and his mother ; [ 21 ] TAKE JUDICIAL NOTICE that the child is willing to undergo mental health assessment; [ 22 ] ORDERS that the child receive all the health care and health services, namely that he continues to participate in the autism assessment and follow recommendations and that he participates in a sexual deviancy assessment and follow recommendations; [ 23 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and AUTHORIZES the Director of Youth Protection to sign alone all the authorizations required for medical, educational, extra-curricular, recreational and travel purposes, including the application for a passport, the renewal of the passport, driving licence and status card [ 24 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the implementation of the present judgment; [ 25 ] THE WHOLE for a period of one year. ________________________________ Jean-Pierre Authier, J.C.Q.

Me Adrienne Fournier-Sirois Attorney for the Director Me Nancy Côté Attorney for the child Me Gisèle Tremblay Attorney for the father Hearing date: June 21, 2019