2021 QCCQ 5775, 2021 QCCQ 5775

Protection de la jeunesse — 212892 2021 QCCQ 5775 COUR DU QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division»

N° : 505-41-009415-193 DATE : April 12, 2021 ______________________________________________________________________ PRESIDED BY THE HONOURABLE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1] and [SOCIAL WORKER 2], Youth Protection workers duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicants -and- X , born on [...], 2011 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Section 95(1) of the Youth Protection Act ______________________________________________________________________ JR1585 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.). THE CONTEXT [ 1 ] Since the last Court order rendered on July 14, 2020, X is entrusted to a foster care family.

As for Y , he is entrusted to a rehabilitation centre. [ 2 ] The Director of Youth Protection asks the Court to partially revise the last Court in order to change the modalities of contacts between the children and their parents and also to extend Y ’s placement in the rehabilitation centre. [ 3 ] The mother agrees with the measures proposed by the Director of Youth Protection. [ 4 ] The father also agrees. He wishes to have more contacts with his children. THE EVIDENCE X [ 5 ] The child struggles in school and was diagnosed with an attention deficit hyperactivity disorder (ADHD).

It can take her as long as three hours to do her homework after school. [ 6 ] In her foster care family, the child sometimes has difficulty in respecting authority and demonstrates opposition. [ 7 ] The father has trouble understanding his daughter’s needs and refuses that she receive services or medication.

[ 8 ] On January 28, 2021, the Court orders that she receive specific health services more particularly medication for her ADHD. [ 9 ] Since she is taking medication, she is doing a lot better at school and in her foster care family. She still needs speech therapy but her situation is improving. [ 10 ] The Director wishes that she undergo a psychological evaluation. The mother had already agreed to it and at the hearing, the father finally gives his consent.

Y [ 11 ] According to the last judgment, the child was supposed to be entrusted to a reception centre for a period of three months and then integrate into a foster care family. [ 12 ] However, in August 2020, he had an inappropriate sexual encounter with another youth at his unit. It was then decided that he was still in need of rehabilitation. [ 13 ] He was then referred to specialized services at Marie-Vincent Foundation.

Up until this day, he is still on a waiting list. [ 14 ] On October 9, 2020, the Court provisionally extends his stay in a rehabilitation centre. [ 15 ] On October 30, 2020, he was transferred to the group A home.

The first weeks were difficult because Y was testing the limits and showing opposition. [ 16 ] The Director explains that despite the implementation of a coherent, constant and predictable line of intervention as well as an emulation system, the child continues the escalation of his disruptive behaviours and the educators note a greater emergence of behaviours with sexual connotations. [ 17 ] On March 8, 2021, Y is transferred to the unit A, in order to give him a more structured living environment that will correspond to his needs. [ 18 ] He is adapting slowly to his new environment.

However, he was found trying to strangle himself in his room with his belt on March 23. He said that he was mad about not getting any privileges at the unit and had no intention on attempting on ending his life. [ 19 ] This incident occurred the day after a visit with his mother and Mr. C where there was some tension between them. The mother [ 20 ] The relationship between the mother and Mr. C continues to evolve with ups and downs and they can have conflicts in front of the children during the supervised visits.

A police intervention was even necessary on at least one occasion. [ 21 ] The mother experienced new episodes of domestic violence. On one occasion, during the month of November 2020, she was severely beaten by Mr. C. He was arrested and charged following this incident. However, a few days later, the mother asked the prosecutor to drop the charges against her partner. [ 22 ] The mother mentions that handling Y during the supervised visits can be difficult and that she needs the support of the social workers.

She worries the most about him and wants him to get all the help he needs. [ 23 ] At the hearing, the mother testifies to the effect that she now understands the impact of her past behaviour on her children over the last few years. She wants to get better and is getting help concerning domestic violence at [Organism A]. She is also attending meetings at the CLSC and wishes to improve her mental health. [ 24 ] She is still in a relationship with Mr. C.

The father [ 25 ] During the summer of 2020, the contacts between the father and the children resumed after approximately six months of absence. [ 26 ] Since then, the visits are supervised and the children enjoy their time with him. Giving equal attention to them remains a challenge for the father. [ 27 ] The father has a great need to express his emotions and frustrations. The Director explains that since he is not able to contain himself, he expresses his mood, no matter when or where.

As a result, he does not regularly focus on the needs of his children during the contacts, and most of the time he addresses adult subjects with them. [ 28 ] The father has a list of all the professionals that are involved in his children’s lives. Unfortunately, he does not make a significant effort to seek much about their functioning and needs. [ 29 ] The Director observes that in the past few weeks, the father offers a more open and trustful attitude with the social workers.

He still presents difficulties in his overall understanding of the situation of endangerment and why the children are not entrusted to him. ANALYSIS AND DECISION

[ 30 ] The children are still in need of a structured and stable environment. The situation of Y is highly concerning and it is urgent that he receive specialised help concerning his sexual behaviours. [ 31 ] The mother has a lot more recognition of her personal difficulties and is seeking help to address her issues. She must receive the help and guidance of the Director. [ 32 ] Her relationship with Mr. C remains worrisome and she knows the Court’s opinion on this relationship.

However, she receives help on that matter and it is important that she follow through. [ 33 ] Both children have been suffering from their father’s absence. He is now back in their lives and maintaining regular contacts. He now has to learn to make sure that the visits are a positive moment for them and focus on their well-being all the time. [ 34 ] He must show trust in the intervention and realise that its goal is to give the family the tools they need to cope with their problems in the best possible way.

His recent collaboration is encouraging but he must continue to work with the social workers. [ 35 ] With this stated, the Court endorses the measures sought as being an accurate reflection of what is required in the children’s best interests and the objectives of the law. [ 36 ] After having received the admissions, taken into consideration the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 37 ] GRANTS the application; [ 38 ] DECLARES that the security and the development of the child X are still in danger; [ 39 ] PARTIALLY REVISES the Court order rendered on July 14, 2020; [ 40 ] ORDERS that the child be maintained in her foster-care family; [ 41 ] ORDERS that the contacts between the child and her mother be following an agreement between the parties in the presence of a third party chosen by the Director of Youth Protection.

In the absence of agreement they will take place for a minimum of 1:30 every 2 weeks; [ 42 ] AUTHORIZES that the supervision of the contacts between the child and the mother be lifted upon agreement between the parties; [ 43 ] ORDERS that the contacts between the child and her father be following agreement between the parties in the presence of a third party chosen by the Director of Youth Protection. In the absence of agreement they will take place for a minimum of 1:30 every 2 weeks; [ 44 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 45 ] RECOMMENDS that the mother continues to get help for her personal difficulties; [ 46 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and her family; [ 47 ] ORDERS that the child certain health services, more specifically, that she receives medication for ADHD, that she participates in psychological evaluation and that she receives speech therapy as long as needed; [ 48 ] TAKES JUDICIAL NOTICE that the parents agree with that; [ 49 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of le Centre de santé et de services sociaux A for the execution of the measures ordered; [ 50 ] THE WHOLE until July 14, 2021. __________________________________ Mélanie Roy, J.C.Q.

Me Caterine Caron Attorney for the DYP Me Nancy Côté Attorney for the child Me Gisèle Tremblay Attorney for the mother Date of hearing : April 12, 2021

Judgment signed on : May 6, 2021