2022 QCCQ 12069, 2022 QCCQ 12069

Protection de la jeunesse — 227103 2022 QCCQ 12069 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division Nos: 640-41-002170-188 640-41-002314-190 640-41-002315-197 640-41-002316-195 DATE: October 19, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTERS OF: X, born on […], 2011 Y, born on […], 2007 Z, born on […], 2008 A, born on […],2010 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A Applicant and B Mother and C Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION ( sections 95(1) (2) and 75 , Youth Protection Act , CQLR., c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied under

section 95 of the Youth Protection Ac t [1] for the extension of a decision rendered o n July 5, 2021, by the Honourable Lucie Godin, J.C.Q. At that time, she declared that the security and development of the children were still in danger. She entrusted the children to a foster family until July 31, 2022. [ 2 ] At the hearing, the mother, who was assisted by counsel, admitted that the children were still in danger and agreed with the measures. She admitted most of the facts but denied that she didn't cooperate in the situation of her child Y.

The father was not there despite being properly notified on October 4, 2022. The Court authorized the Director to proceed in the absence of the father. The children were represented by counsel. The children X and A agreed to the measures. Z agreed to remain in a rehabilitation centre for a short period of time and asked for a reintegration to spend the Christmas holidays in a foster family.

Y did not recognize why he was at the hospital and his position on the measures was not stable. [ 3 ] The following facts were introduced into evidence: [ 4 ] Since the last Court hearing, the situation of the parents has remained the same. They still display alcohol consumption, domestic violence and anger management issues. The mother went once to Social Services, but never went back and did not address her issues with other services. The father did not take any concrete steps to address his issues. [ 5 ] Since the last Court hearing, the children X and A have remained under the care of a foster family.

The parents failed to respect most of the placement measures as they did not make sure the children remained in foster care. D uring contact with the children, the children were exposed to the parents’ alcohol consumption and violence on multiple occasions. Since March 2022, X and A have been entrusted to the care of their aunt D, with whom they have a positive bond, and the placement measures are respected. Unfortunately, the foster family caught A sniffing gas and her aunt did not want to foster her anymore. A is aware and realizes that she has lost her present foster family.

She is now with another foster family. That foster mother is a teacher and keeps an eye on her. [ 6 ] Since the last hearing, the child Z has been under the care of a foster family. He has been entrusted to the care of E since March

2022. On March 3, 2022, it appears that the father physically assaulted Z. On March 18, 2022, it was reported that the mother was intoxicated and allegedly punched Z. The mother stated that she felt remorseful about the event as she was highly intoxicated and did not remember what happened. Z has displayed serious behavioural disturbances such as inhaling gasoline and playing truant from school. The placement was not respected as the child was staying mostly at his parents' house. Z has been hospitalized in the past on more than one occasion due to seizures caused by gasoline sniffing.

On August 21, 2022, the applicant received a report that the youth had been caught sniffing gasoline from a Honda. The applicant then came across him and saw that, at that moment, Z was wearing dirty clothes and his hands were dirty to the point that they were almost black. Z did not remember the last time he had taken a shower. He said that he needed additional clothing. He is at high risk of suffering permanent damage if his gasoline sniffing addiction is not addressed properly. The parents are not protective of him and they continue to refuse to let Z receive addiction support.

The child's foster family is unable to offer the youth the structure he needs and is not protective of the youth, allowing him to go back to his parents' house. On September 2, 2022, the youth was transferred to the [Group Home A]. He ran away from that place on the same day. The next morning, he was brought back to the Group Home. On September 6, 2022, the youth was transferred to the [Group Home B], in good spirits.

He seems to be adjusting well at the unit and there have been no incidents. [ 7 ] The child Y displayed serious behavioural disturbances such as inhaling gasoline, stealing money and damaging school property. The situation has recently improved. The youth was sent to Town A due to a problem with his knees. The applicant mentioned that she believe that the said medical issue was caused by the youth sniffing gasoline.

On August 10, 2022, a doctor from the Montreal Children's Hospital confirmed that Y has permanent nerve damage that causes extreme weakness in his extremities, due to a buildup of toxins in his body caused by prolonged gas sniffing. Said nerve damage is permanent and will require that he be in a wheelchair for the rest of his life. No foster family is available to receive the child at the moment. The youth was found with three lighters at the hospital and they were almost all empty of fluid. He had most likely been sniffing lighter fluid since he was hospitalized.

The medical staff was made aware of the situation. The applicant said that she is not able to find any placement despite the many searches. Youth Services are waiting to hear back from the Nunavik Regional Board of Health and Social Services for support to find one. [ 8 ] Since March 2022, X and A have been entrusted to the care of their aunt, D, with whom they have a positive bond.

The children X and A have to spend more time in their living environment before a permanency plan can be established for them. [ 9 ] The parents do not recognize that their issues have negative impacts on the children and their cooperation with youth protection is minimal. [ 10 ] After considering the documentary evidence, the testimony and the positions of the parties, the Court finds that there is sufficient evidence to declare that the security and development of the children are still in danger and that the measures suggested meet their needs and are deemed to be in their best interest.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the applications for extension; [ 12 ] REVIEWS and EXTENDS the decision rendered on July 5, 2021; [ 13 ] DECLARES that the security and the development of the children X and A are still in danger under

section 38(b)(1)()iii) and the children Y and Z under

section 38(b)(1)(iii) and (

f) of the Youth Protection Act [2] ; [ 14 ] ORDERS that the child X be entrusted to a foster family chosen by the institution operating a child and youth protection centre, namely Mrs.

D; [ 15 ] ORDERS that the child A be entrusted to a foster family chosen by the institution operating a child and youth protection centre; [ 16 ] ORDERS that the child Z be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre and that the child be gradually reintegrated into the care of a foster family chosen by the institution operating a child and youth protection centre, as soon as the situation allows; [ 17 ] ORDERS that Z visits a foster family during the Christmas holiday, if the situation allows; [ 18 ] ORDERS that the child Y be entrusted to an institution operating a hospital or local community service centre to another body so that he may receive the care and assistance he needs until the Director of Youth Protection finds an appropriate resource for the child, either a group home or a foster family or any other resource adapted to his needs; [ 19 ] ORDERS that the children and the children’s parents take an active

part in the application of any of the measures ordered by the Court; [ 20 ] ORDERS that the children and the children’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 21 ] ORDERS that the parents seek help through the Social Services concerning their alcohol and personal issues; [ 22 ] ORDERS that contact between the children and the parents be determined by the Director as to the terms, frequency and degree of supervision; [ 23 ] ORDERS that the mother can visit the child Y in Town A as soon as possible; [ 24 ] RECOMMENDS that Z and Y receive specific services for their addiction to sniffing gasoline; [ 25 ] RECOMMENDS that Y meet with psychologist Dr BelTempo;

[ 26 ] RECOMMENDS that the parents sign the authorization for their children to receive all the social services for their addiction to sniffing gasoline; [ 27 ] ORDERS that the four children receive all the specific health care and health services that they need; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 29 ] In the event the Director is not able to reach the mother, AUTHORIZES the Director to authorize all the social services the children receive and health services they need; [ 30 ] RECOMMENDS that the foster family of E and F be evaluated by the Director; [ 31 ] ORDERS the police to cooperate in the execution of this judgment; [ 32 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 33 ] The whole until October 31, 2023 . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Cassandra Neptune Legal Aid Counsel for the children Mtre Angèle Tommasel Counsel for the mother Date of hearing: October 19, 2022