2018 QCCQ 17119, 2018 QCCQ 17119

Protection de la jeunesse — 187866 2018 QCCQ 17119 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-031906-167 DATE : August 9, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...] 2012 child and A mother ______________________________________________________________________ JUDGMENT

Section 95 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 August 9, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise and extend the Court order rendered on September 19, 2017. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered for a period of six months. [ 4 ] The mother is accepting the Director’s recommendations but wishes for the child to be registered in a [private school A].

She wants more frequent visits with her son and questions the need for supervision. Her goal is to have the child returned to her care at the end of the order. [ 5 ] The child’s lawyer recommends that the visits between the child and the mother be increased to twice per week. She recommends that the child be registered in a [private school A] and a public school in the Town A.

Questions in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? [ 7 ] Is it in the child’s best interest to increase the frequency of his visits with his mother? [ 8 ] Should the visits be supervised? [ 9 ] In which school should the child be registered? Context and Analysis [ 10 ] The child and his brother have been thriving in the foster family of Ms. B. [ 11 ] Both children experienced symptoms related to Post Traumatic Stress Disorder. The children have continued to exhibit inappropriate sexual behaviours.

Over the year, with proper structure and reinforcement, these behaviours have decreased in frequency.

[ 12 ] The child participated in twelve sessions with psychologist, Amelie Marcoux, from the Centre Marie Vincent. The mother was invited to participate in the final session but did not as she forgot the appointment. The child still experiences some symptoms related to trauma (hypervigilance and difficulties sleeping). [ 13 ] The child is not yet enrolled in kindergarten. Up until the hearing, the mother was asking for him to attend a [private school A] in Town B. Her rationale was that it would be too far for her to transport the child in the event that he was returned to her care.

This option would mean that the foster family transport the child to and from school every day and that would result in the child spending 2 to 3 hours per day in the car. This option does not prioritize the child’s needs. [ 14 ] At the hearing, the mother insisted that the child attend a [private school A] in the Town A. This is a private school and the mother has yet to find ways to pay for the child’s registration. [ 15 ] Following discussion, it was decided that the child would be registered in the public school and in the [private school A] in the Town A.

The mother will take steps to see if it is possible to get financial support for the private school. If it is not a possibility, the child will then attend the public school. [ 16 ] The mother participated in the parenting course offered by [Center A]. She plans to return to this program during the fall of 2018. She also took

part in individual counseling with a counselor from Pavilion A and an outside therapist. [ 17 ] The mother reports that she participates in group sessions at Pavilion A, but she has yet to provide written documentation to the Director to attest of this. [ 18 ] In March 2018, the mother tested positive for marijuana and cocaine use. The mother explained that she relapsed when the child mentioned that he did not want to come back living with her. Since then, the mother consistently tested positive for marijuana.

During her testimony, the mother reported that she stopped consuming marijuana five days ago and that she realized she did not need to use drugs. [ 19 ] The mother reports that she is now open to see a psychiatrist and has found one through her family physician. [ 20 ] Six supervised visits per month and twice weekly phone calls were arranged between the mother and the child. The mother has been much more stable than in the past. The visits are described as generally positive for the child.

Consequently, the visits should be increased in frequency. [ 21 ] During some contacts, the mother made inappropriate promises to the child about coming home. [ 22 ] The mother has only recently been able to acknowledge that the child and his brother have been sexually abused by their brother Y. Up until July 23, 2018, she believed that the child and his brother were influenced and brainwashed by the youth protection worker while reporting the incidents.

Consequently, she was not able to accompany them in their recovery and visits’ supervision remain necessary. [ 23 ] She needs to continue taking care of herself, to prioritize the child’s mental needs and to remain open to constructive feedback. The youth protection worker mentions that the mother is collaborative up until there is feedback she does not appreciate.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application for extension; [ 25 ] DECLARES that the security or the development of the child is still in danger; [ 26 ] EXTENDS the order rendered on September 19, 2017; [ 27 ] ORDERS that the child remain entrusted to the foster family; [ 28 ] RECOMMENDS that the chosen foster family be the one of Ms. B; [ 29 ] ORDERS that the frequency and modalities of contacts between the child and the mother be determined by the Director of Youth Protection and ORDERS minimum visits to twice per week; [ 30 ] ORDERS that the child not come into contact with Mr.

C; [ 31 ] ORDERS that the child not come into contact with his brother, Y; [ 32 ] TAKES JUDICIAL NOTICE of the mother’s agreement to undergo random drug testing at the request of the Director; [ 33 ] RECOMMENDS that the mother continue to participate in a professional therapeutic process to address her addictions; [ 34 ] RECOMMENDS that the mother work towards gaining an understanding of the needs of the child who have been sexually abused; [ 35 ] ORDERS that the medical and health needs of the child be met in a timely manner; [ 36 ] RECOMMENDS that the mother follow through on the recommendations stemming from her parental capacity assessment dated August 27 th , 2015 by Dr.

Cloutier, including that she works with an educator and pursue individual therapy; [ 37 ] RECOMMENDS that the mother undergo an updated parental capacity assessment and TAKES JUDICIAL NOTICE of the

mother’s suggestion to do so; [ 38 ] ORDERS the mother to register the child in the two identified schools in the Town A being the [private school A] and the public school and TAKES JUDICIAL NOTICE of the mother’s agreement to do so in the coming weeks; [ 39 ] TAKES JUDICIAL NOTICE of the mother’s preferred wish for the child to be registered in the [private school A] and her efforts to obtain funding; [ 40 ] ORDERS that the mother continue to collaborate with the Director and meet with the worker when requested; [ 41 ] AUTHORIZE the Director to share and obtain relevant information with any professionals treating the family; [ 42 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 43 ] THE WHOLE until January 17, 2019; [ 44 ] 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 August 27, 2018 /cd Mtre Christine Waldvogel Counsel for the Director of Youth Protection Mtre Marie-Josée Ayoub Counsel for the child Mtre Josée Lefebvre Counsel for the mother Date of hearing: August 9, 2018