2018 QCCQ 19045, 2018 QCCQ 19045

Protection de la jeunesse — 1810190 2018 QCCQ 19045 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000252-173 DATE: November 28, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2007 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and A, [...] Mother and B, [...] Father ______________________________________________________________________ JUDGMENT (sections 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) asks the Court to review and to extend the measures ordered on October 12, 2017, concerning the situation of the X, 11 years old. He asks for the extension of the placement in foster home until September 5, 2019, with follow-ups. [ 2 ] The mother and the child are present at the hearing and represented by Me Michel Grenier and Me Yan Massé. Me Adelia Ferreira represents the applicant.

The father is absent even if duly served. [ 3 ] The motion is not challenged by either party. A revision report is filed and the social worker testifies. [ 4 ] It is proved by preponderant evidence the following facts. [ 5 ] On October 2017, the child was placed in a foster home in Town A. During the placement in Town A, the child exhibited behavioural issues at home and at school. Because of those behaviourals problems, the foster parents have therefore resigned last July.

X stayed in the foster home of the maternal grandparents during part of the summer. [ 6 ] It is reported that the child does not always want to go to school and it is difficult to have him attending school. [ 7 ] Even it was ordered, the child attended therapy only once. He is on the waiting list for an assessment for the fetal alcohol syndrome disorder. The child missed his appointments with the psychologist because he was out of town or playing hockey. [ 8 ] The situation of the parents is still problematic.

The mother attended treatment for alcohol abuse recently but still have many issues that impact on her parenting. Last May, she was seen with a black eye. The father of her youngest child did it. [ 9 ] The father is not involved in the child’s life and he did not request any visit. [ 10 ] The child had witnessed violence between his parents in the past. He was neglected by his parents and now he feels abandonment from his father. The parents cannot provided a stable and secure home to X and his siblings.

They still have important issues to solve before they can invest with their children. [ 11 ] Considering the negative impact of the parent’s behaviour on their children, specifically on X, the aggressivity he developed and his behaviour problems, it is urgent that the Director provides him all the psychological and medical care he needs. [ 12 ] Considering that the parties agree with the recommendations and the evidence; FOR THESE REASONS, THE COURT:

[ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of X, born on [...], 2007, are still in danger; [ 15 ] ORDERS his placement in a foster family until September 5, 2019; [ 16 ] ORDERS the Director to supervise the visits and contacts between the child and his parents as for the modalities, the frequency, duration and degree of supervision; [ 17 ] ORDERS the parents to always remain sober in presence of the child; [ 18 ] ORDERS the child to attend school regularly; [ 19 ] RECOMMENDS that the child have regular contact with his siblings; [ 20 ] RECOMMENDS that the parents seek help through social services for their issues; [ 21 ] ORDERS that the child be urgently evaluate by a psychologiat and beneficiate of a follow-up if required; [ 22 ] ORDERS the Director to provide all the psychological and medical services the child might need; [ 23 ] ORDERS the Director to provide aid, counsel and assistance to the child and the parents until September 5 2019; [ 24 ] RECOMMENDS the Commission des droits de la personne et des droits de la jeunesse to evaluate the intervention of the Director in this situation; [ 25 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the child Me Adelia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Date of hearing: November 13, 2018