2016 QCCQ 14327, 2016 QCCQ 14327

WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or of his parents. Any person who contravenes this provision commits an offence and is liable to a fine (Sections 11.2, 11.2.1 and 135 of the Y.P.A. ). Protection de la jeunesse — 166462 2016 QCCQ 14327 JN 0300 COURT OF QUÉBEC YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-026772-137 DATE: January 5, 2016 ______________________________________________________________________ PRESIDING JUDGE: THE HONOURABLE JACQUES A.

NADEAU, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A, Director and X (born on [...], 2005), Child and A, Mother and B, Father ______________________________________________________________________ JUDGMENT ON A MOTION FOR EXTENSION (Section 95 of the Youth Protection Act ) ______________________________________________________________________ [ 1 ] The Court intends, by this judgment, to confirm in writing its reasons for the decision rendered during the hearing held on January 5, 2016. [ 2 ] The Court is seized of a Motion for Extension filed by a person duly mandated by the Director of Youth Protection A (hereafter, the " Director" ), on December 1, 2015, pursuant to Subsection 95 (2) of the Youth Protection Act , to extend the orders rendered by the undersigned on March 16, 2015. [ 3 ] After this judgment was rendered, X remained in the [Group Home A] until he was fully integrated into a foster home on August 13, 2015. [ 4 ] Despite some difficulties, the child is settling in this foster home.

He is developing a relationship with the foster mother and is

opening up about the trauma and abuse he suffered. [ 5 ] X changed schools in September 2015. As a result, he has displayed anxiety and exhibited challenging behaviours, refusing to participate in academics, being aggressive in the school environment and talking back to the teachers. In order to help reduce his anxiety, he is only attending school for half days. [ 6 ] X continues to take his medication for Attention Deficit Hyperactivity Disorder ( ADHD ) and takes melatonin at night to help with his sleep. [ 7 ] The mother was released from prison on July 10, 2015.

She has rented an apartment in Town A and is taking full time hairdressing courses during the week while also working part-time on Thursday and Friday evenings, as well as Saturdays and Sundays. [ 8 ] She received a visit from C, her former partner, the day before the hearing and has requested that a restraining order be issued against him. [ 9 ] She was part of a methadone program ( CRAN ) for heroin addicts; however, she recently ceased her participation in this program. [ 10 ] The mother wrote a letter to X in which she apologized for the abuse she inflicted on him and encouraged him to continue doing well.

He was happy to receive news from his mother. [ 11 ] As for the father, he visited regularly with X until the end of September 2015 and has not been consistent with his visits since due to work contracts. [ 12 ] It should also be noted that X continues to have monthly visits with his sibling Y. [ 13 ] As a principal measure, the Director recommends that the child be maintained in a foster family, confidential to the mother, for a period of one (1) year.

The Director also recommends other measures for the same period, which are sought to resolve the situation which has put the security and development of the child in danger, as appears from the Court Report filed as Exhibit D-1. [ 14 ] The mother is present at the hearing. Her attorney proceeds to make a number of admissions and informs the Court that she consents to most of the measures proposed by the Director, except for the prohibition of contacts between the child and her. [ 15 ] As for the father, he his absent at the hearing.

Considering the proof of service of the Motion to the father, the testimony of the social worker, as well as his agreement to the measures sought by the Director, the Court accepts to proceed in his absence. [ 16 ] Given the age of the child, his attorney does not make any admissions but states that she is in agreement with the Director’s recommendations. [ 17 ] ANALYSIS OF THE EVIDENCE AND DECISION [ 18 ] The issue of contacts of the child with his mother was essentially the focus of the hearing. [ 19 ] The social worker testifies and states that X has not seen his mother since March 2013 and is torn between his sadness of her not being there and his fight of bumping into her in the community. [ 20 ] She suggests that the best approach is to keep working on exchanges of letters and see where it leads.

In this regard, X sent Christmas pictures along with a note to his mother. [ 21 ] The social worker adds that X needs more time to solidify through therapy with the Lyall Program while the mother needs to stabilize her personal situation further. [ 22 ] She describes the foster parents as favourable to parental contacts but that if contacts with the mother were to begin now, this might sabotage X’s recent foster home placement. [ 23 ] As for the father, his phone calls with X had to be suspended temporarily due to a lack of patience and increased anxiety on his part.

He was supportive of the plan to integrate X to his new foster home which he visited. [ 24 ] The social worker emphasizes that the father will have to be more consistent in his contacts with X. She specifies that both X and his father have to be moving and not just talking so that sports activities are to be encouraged. [ 25 ] A well settled principle under the case law is that contacts must first and foremost be for the child’s benefit. X is a severely traumatized child who has recently been transferred to a foster home.

The Court finds that he indeed requires therapy and must be given time before contacts with his mother can resume. [ 26 ] The social worker is monitoring the exchanges of letters and notes between the mother and X and this may eventually lead to further steps provided the professionals involved in X’s situation deem it to be in his interest. [ 27 ] After having received the admissions, taken into consideration the position of the parties, the testimonies heard, as well as the Court Report filed in the Court record, the Court concludes that the preponderance of the evidence establishes that the security and development of the child are still in danger pursuant to the Youth Protection Act . [ 28 ] The Court is also of the opinion that the measures proposed by the Director are in the interest of the child. [ 29 ] AS A RESULT AND FOR THESE REASONS, THE COURT:

[ 30 ] GRANTS the Motion for Revision ; [ 31 ] DECLARES that the security and development of the child, X, are still in danger pursuant to the Youth Protection Act ; [ 32 ] AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT: [ 33 ] ORDERS that the child be entrusted to a foster home, confidential to the mother; [ 34 ] ORDERS that the child be provided with respite, preferably at [Group Home A], every second weekend, two weeks during the summer and two weeks during the winter, to offer respite to the foster family, if deemed relevant and required; [ 35 ] ORDERS that the frequency and modalities of contacts between the child and his father be determined by the Director of Youth Protection with supervision, if deemed necessary; [ 36 ] SUSPENDS contacts between the child and his mother until deemed advisable by the professionals involved in the child’s situation, taking into account his best interest; and if so deemed advisable by the professionals involved in the child’s situation, [ 37 ] ORDERS that the frequency and modalities of contacts between the child and the mother be determined by the Director of Youth Protection including supervision, if deemed necessary; [ 38 ] STRONGLY RECOMMENDS that the father avail himself of community based services and address his unresolved personal issues; [ 39 ] TAKES JUDICIAL NOTICE of the mother’s consent to submit to random drug and alcohol testing if requested to do so; [ 40 ] STRONGLY RECOMMENDS that the mother engage in a personal follow-up regarding her drug dependency issues; [ 41 ] AUTHORIZES the continued exchange of suitable notes, correspondences or letters between the mother and the child subject to the approval of the social worker in each case; [ 42 ] PROHIBITS any contacts between the child and Mr.

C; [ 43 ] ORDERS that the child receive all of the required medical, educational and therapeutic services required by his situation; [ 44 ] WITHDRAWS from the parents the exercise of the attributes of parental authority regarding consents and authorizations required for the child pertaining to medical, educational, therapeutic as well as travel purposes, including obtaining a passport; and [ 45 ] GRANTS the exercise of these attributes to the Director of Youth Protection; [ 46 ] AUTHORIZES the Director of [centre A] to obtain and share information with all of the service providers working with the family, including Correctional Services Québec, regarding attendance and progress; [ 47 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 48 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, for the purposes of executing these measures; [ 49 ] ORDERS the execution of this judgment by any peace officer, if necessary; [ 50 ] ALL OF THESE MEASURES will be in force for a period of one (1) year.

Signed and filed on March 11, 2016 _______________________________________ JACQUES A. NADEAU, J.C.Q.

Mtre Isabelle Loranger AI0942 Attorney for the Director Mtre Marie-Odile Lamaute AM8668 Attorney for the child Mtre Jean-Hervé Thomas AT8560 Attorney for the mother Date of hearing: January 5, 2016 JAN/mcl