2021 QCCQ 13823, 2021 QCCQ 13823

Protection de la jeunesse — 217285 2021 QCCQ 13823 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N o : 455-41-001239-193, 455-41-001241-199 DATE: September 23, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2019 Y Born on [...], 2019 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A Children’s mother -and- B Children’s father ______________________________________________________________________ JUDGMENT [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.).

Introduction [ 1 ] The Director is requesting for the revision of the Court order rendered on July 16, 2020. [ 2 ] By this order, the Tribunal declared the security and development of the children X and Y still in danger for the motive of serious risk of neglect. [ 3 ] As protective measures, the Court revised the court order renderer on October 3, 2019, entrusted the children to a foster home until a rehabilitation center from the CRDP Network was found and appropriate to their needs, and entrusted the children to a rehabilitation center chosen by the Director. [ 4 ] The Court withdrew from the parents the exercise of certain attributes of parental authority, designated the Director to exercise such attributes and took notice of the Director’s intention to clarify a long-term plan for the children during this period, excluding that they be returned to their parents. [ 5 ] The Court also authorized contacts between the children and their parents and grandparents upon frequency and modalities determined by the Director, addressed various recommendations to the parents and ordered a social follow-up for a period of one year [ 6 ] Today, the Director considers that the security and the development of the children are still in danger for the same motive.

[ 7 ] Because of the new facts alleged, the Director recommends revising the protective measures to order that the children be entrusted to a rehabilitation center, to take judicial notice of the intention of the Director to continue looking for a foster family, to forbid all contacts, direct or indirect, between the children and the parents, to withdraw from the parents the exercise of certain attributes of parental authority and to designate the Director to exercise these attributes and to order a social follow up for a period of two years. [ 8 ] At the hearing on September 23, 2021, the mother is present and represented by a lawyer.

She is contesting the recommended measure of interdiction of contact with her children. [ 9 ] The father is absent. The Director does not have the coordinates to reach him and he has not been involved in the social follow up. The Tribunal proceeds in his absence. [ 10 ] The child’s lawyer is generally in agreement with the recommended measures. [ 11 ] As for the interdiction of contact with the parents, she suggests that it his justified regarding the father but not regarding the mother. Question in litigation [ 12 ] Should contacts between the mother and the children be forbidden?

Evolution of the situation [ 13 ] Y and X are now two years old and remain entrusted to a rehabilitation center. [ 14 ] On October 15, 2020, the children have been transferred to another rehabilitation center in another region, better suited for their needs. [ 15 ] Regarding the children’s important health care requirements, they received services in occupational therapy, physiotherapy, nutrition, audiology, orientation and mobility. [ 16 ] Since their arrival in the new center, the children have been able to receive specialized services and have improved a lot. [ 17 ] This being said and although there was some improvement, the children still show significant developmental delays. [ 18 ] Their special needs are so important that a caregiver always has to be present with them.

The caregiver must have a certain level of knowledge, a lot of time, patience and support to care for the twins. [ 19 ] The children have developed a bond with their caregiver and react when there are new people around them. [ 20 ] The mother still lives with the maternal grandparents. [ 21 ] Transport to visits with the children can be problematic for her and the Director offers transportation once every two months. [ 22 ] The mother has the possibility to visit her children once a month for an hour, but does not always go to the visits because of the transportation issue. [ 23 ] The last visit occurred in July 2021. [ 24 ] The delegate has not heard from the father since October 2020.

The measures [ 25 ] By the last order, the Tribunal had already ruled out any possibility of the children’s return to their parents care. [ 26 ] A substitute living environment is thus needed to ensure the children’s security and development. [ 27 ] Considering their important needs, it has not been possible to identify a foster home able and willing to meet them.

In fact, the Director has been looking for a foster home since the children’s birth but to no avail. [ 28 ] The current facility where they are cared for right now does respond to their needs. [ 29 ] Nonetheless, a placement in a rehabilitation center cannot be a life plan for children, especially when they are so young. [ 30 ] This is why the Director is requesting an order for a period of two years. [ 31 ] Although the duration of placement will be surpassed, the Tribunal finds that it is in the children’s best interest to do so [2] . [ 32 ] The interdiction of contacts with the father goes without saying.

He has not been involved in the social follow up, did not request any news or contact with his children since October 5 th , 2020. [ 33 ] What then of the contacts between the children and the mother and the grandmother who always accompanies her to these contacts? [ 34 ] The Director states that during the visits, the children do not engage much with the mother and the grandmother. The mother admits that the children sometime seem like they do not recognize her, particularly recently. But she also says that Y interacts more than

X. [ 35 ] From the observations, the Director claims that the children have not developed a bound with them and accordingly do not benefit from the contacts. [ 36 ] On the other hand the delegate also mentions that the children react when they meet someone new but they do not react after visit for their mother and grandmother. [ 37 ] The women do visit the children as regularly as they can. If it was not for the transportation issue they claim they would visit more often. [ 38 ] The mother generally collaborates with the Director.

She does not call to have news but is interested in receiving a regular follow up when the delegate calls. [ 39 ] She says she fears calling the delegate because she is afraid of the outcome. [ 40 ] Considering the children’s diagnosis and condition it is very difficult to assess if they do benefit from these contacts but there are no indication that they do not. [ 41 ] The mother and grandmother are the only stable relationship that these special needs children have known in their lives. [ 42 ] While no foster home has been identified yet, the court cannot see the necessity to forbid contacts between the mother and the grandmother with the children. [ 43 ] The court will then maintain these contacts for the current court order. [ 44 ] Having read the report and heard the mother’s testimony, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS partially the present application; DECLARES that the security and development of the children X and Y are still in danger for the motive of serious risk of neglect; REVISES the Court order rendered on July 16, 2020 in the present file; ENTRUSTS the children to an institution operating a rehabilitation center chosen by the institution operating a child and youth protection center; TAKE JUDICIAL NOTICE that the rehabilitation center will be a resource from the CRDI, namely the Foyer de groupe A du CISSS- B; TAKES JUDICIAL NOTICE of the intention of the Director of Youth Protection to continue looking for a foster family for the children; FORBID all contacts, direct or indirect, between the children and the father; AUTHORIZES contacts between the children and the mother and the maternal grand-mother, upon frequency and modalities determined by the Director of Youth Protection, including the degree of supervision; ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in their children’s regard to put an end to the situation in which the security or development of the children are in danger; ORDERS that the parents take an active and honest part to the application of any of the measures ordered by the Court, to the elaboration of the intervention plan and to the psychological follow-up, in order to put an end to the situation of endangerment; ORDERS that the children receive all health care and health services needed; WITHDRAW from the parents the exercise of certain attributes of parental authority as it pertains to the children’s passports, travel, health and educational needs; DESIGNATES the Director of Youth Protection to exercise the attributes of parental authority withdrawn from the parents; ORDERS that a person, working for the CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the children and their parents upon their expressed request, for a period of two (2) years; ENTRUST the situation of the children X and Y to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Pascale Gauthier Counsel for the DYP M e Karyn Brown Counsel for the children M e Érica Gosselin Counsel for the mother Date of hearing: September 23, 2021 Deposited exhibits: D-7