2019 QCCQ 14218, 2019 QCCQ 14218

Protection de la jeunesse — 194412 2019 QCCQ 14218 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-034916-197 DATE : June 17, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2006 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on June 17, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the child’s security or development is endangered as she exhibits serious behavioural disturbances and that the parents fail to take the necessary steps to put an end to the situation. [ 3 ] On January 22, 2019, the Tribunal entrusted the child to the care of her maternal great-uncle, Mr. C, on a provisional basis.

The Tribunal withdrew from the parents, the exercise of parental authority related to the child’s medical, educational, recreational and travel needs and granted this exercise to the Director. [ 4 ] On March 14, 2019, the Tribunal postponed the hearing as the Director had not served the application to the mother. The Youth Protection worker met the mother on February 5 and 12, 2019 but had not given her the application. The hearing was set for June 17, 2019 and the status quo was maintained. [ 5 ] Today, the Director recommends that the child remain entrusted to the care of her maternal great-uncle, Mr.

C and that support measures be ordered for a period of nine months. [ 6 ] The father is absent. He has not been involved in the child’s life since she was an infant. [ 7 ] The mother and the child’s attorney agree with the Director’s plan. Question in litigation [ 8 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 9 ] The child exhibits serious behavioural disturbances. She has been cutting herself and self-harming for a certain period of time.

[ 10 ] On June 1 st , 2017, the child was placed in the foster family of Ms. D. [ 11 ] On June 30, 2017, the parties signed a first Agreement on Voluntary Measures recognizing that the Director’s involvement was required. It was agreed that the child would remain entrusted to a foster family for a period of 3 months and that support measures would be provided for a period of 10 months. [ 12 ] Following an appointment at the Douglas Hospital for the child, the mother’s emotional state began to deteriorate. She showed signs of depression.

During the fall of 2017, she was prescribed Celexa and sleeping medication. [ 13 ] The mother’s mental health state was concerning. She punched a street sign in anger. For a certain period of time, she has not been taking her prescribed medication to treat her signs of depression and anxiety, due to financial reasons. [ 14 ] On October 27, 2017, the parties signed a second Agreement on Voluntary Measures regarding the child’s situation. It was recognized that the mother and the child had a difficult relationship that required the Director’s intervention.

The child was entrusted to a foster family, taking note that the mother had identified the maternal uncle, Mr. C, to be assessed as a potential resource. [ 15 ] On October 28, 2017, the parties signed a third Agreement on Voluntary Measures that ensured the child’s placement in a foster family for a period of 30 days. [ 16 ] In January 2018, due to conflicts with the foster mother, the child was transferred to the foster family of Ms. E. The foster mother having difficulties with the child lying and testing limits. [ 17 ] On July 12, 2018, Ms.

Linda Barone, educator, witnessed the mother being highly agitated and emotionally out of control as she did not have any cigarette. The mother and Mr. F decided to separate. [ 18 ] For a certain period of time, the mother lived on the street. In late July 2018, she found a shelter.

Until December 2018, she resided in different shelters. [ 19 ] On August 1, 2018, the parties signed another Agreement on Voluntary Measures for the child to be entrusted to the care of her maternal great-uncle, taking note that he is assessed by the Family Services A as a Kinship home. [ 20 ] On August 8, 2018, the child moved to Town A to live with her maternal great-uncle, Mr. C and his partner, Ms.

G. [ 21 ] On October 26, 2018, the parties signed a fifth Agreement on Voluntary Measures extending the child’s entrustment to her maternal great-uncle in Town A. [ 22 ] From December 2018 to January 30, 2019, the mother’s whereabouts were unknown from the Director. On that date, she contacted the Youth Protection worker. [ 23 ] The mother has not seen her CLSC social worker since November 2018. She reports that she now rents a room in Town B. [ 24 ] In September and November 2018, the adolescent exhibited self-harming behaviours.

She received support regarding this situation. [ 25 ] The child integrated well to the environment of her great-uncle in Town A and of her new school. She made new friends and participates in activities. [ 26 ] The mother has not kept consistent contacts with her daughter. They text each other approximately once per month.

She recognizes that she suffers from emotional difficulties and instability that prevent her to care for the child. [ 27 ] On March 30, 2019, the Director retained a signalement concerning a serious risk of neglect in relation with the mother’s unstable situation. [ 28 ] On May 15, 2019, the Youth Protection worker was informed that Mr. C brought the adolescent to the hospital as she had many scars from “cutting”. Since, the family can count on an individual counselor and a family outreach worker. [ 29 ] Mr. C and Ms.

G are willing and able to continue caring for the child. [ 30 ] On May 2 nd , 2019, the Center A completed a Safe Home Study. This evaluation is quite positive. It is reported that: […] the applicants are ready, willing and prepared to meet all of X’s needs to the best of their abilities. Mr. C and Mrs. G appear to have the knowledge base and skill set to effectively parent X’s emotional, social, educational and behavioural challenges and are prepared to do so into X’s adulthood and beyond. [1] [ 31 ] The Center A recommend that Mr. C and Mrs.

G be approved for Kinship Care Placement. [ 32 ] The mother is worried about her daughter’s situation. She testified that she needed specialized help in relation with her self- harming. She trusts that Mr. C and Mrs. G will be able to provide a secure environment for the child. THEREFORE AND FOR THESE REASONS, THE COURT: [ 33 ] GRANTS the application for protection; [ 34 ] DECLARES that the security or the development of the child is endangered ( sections 38 b) 2 and 38

f) of the Youth Protection Act );

[ 35 ] ORDERS that the child remain entrusted to the care of her maternal great-uncle, Mr. C and his partner, Mrs. G; [ 36 ] TAKES JUDICIAL NOTICE that the Center A is recommending that Mr. C and Mrs.

G be approved for kinship care placement; [ 37 ] ORDERS that the frequency and modalities of contacts between the child and her mother to be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 38 ] SUSPENDS contacts between the child and her father until he meet the caseworker three consecutive times; if such contacts were to resume, ORDERS that the frequency and modalities of contacts between the child and her father be determined by the Director of Youth Protection, taking into account the child ’s wishes, including supervision if deemed necessary; [ 39 ] ORDERS that the mother ensure that the child is not exposed to any form of physical discipline or verbal abuse, including denigration; [ 40 ] RECOMMENDS that the mother continue take steps to address her personal issues by participating in a therapeutic process and following ensuing recommendations; [ 41 ] RECOMMENDS that the mother participate in a psychiatric assessment and follow the ensuing recommendations; [ 42 ] RECOMMENDS that the child be provided with counselling support services; [ 43 ] WITHDRAWS from the parents the exercise of their parental authority related to signing consents for the child ’s medical, educational, recreational and travel needs, including applying for a passport, and GRANTS this exercise to Mr.

C and Mrs. G; [ 44 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 45 ] THE WHOLE for a period of nine months; [ 46 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on June 27, 2019 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Laurence Marceau Counsel for the child Date of hearing: June 17, 2019