2019 QCCQ 19557, 2019 QCCQ 19557

Protection de la jeunesse — 197994 2019 QCCQ 19557 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000534-179 DATE: October 10, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2007 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on October 5, 2018, in respect of the child in order to entrust him to a foster family. His siblings are aimed by the same application. [ 2 ] At the hearing, both parents are present but only the mother is assisted by her lawyer. Regarding the child, he is represented by a lawyer, he expresses his desire to return to live with his mother.

The parties agree to the filing of the reports to value testimony of their authors. The sought conclusions are not contested. [ 3 ] On October 5, 2018, a judgment was rendered entrusting the child in his maternal home. At the time, he had serious behavioural problems and the parents had an unhealthy relationship. Some services were put in place in order to help the family. [ 4 ] On May 24, 2019, the DYP got involved again following allegations from the children that their mother physically abuses them as well as neglect them, which the latter categorically denies.

Following these reports, the DYP applied emergency measures to entrust the child to his uncle. Subsequently, these measures were extended and to this day, the child is still entrusted to his uncle. This is not the first time the situation of this family is reported to the DYP for the same reasons. [ 5 ] On June 26, 2019, another emergency measures were applied entrusting the child to a rehabilitation unit. The child had a defiant behaviour. He refuses to follow the rules in the foster family as well as lacks respect and has no boundaries. [ 6 ] The mother denies that she beats her children and neglects them.

She says they invent these stories, because they do not want to follow the rules and structure at home. Still, she does demonstrate frequent signs of frustration and panics when a situation arises. She also experiences excesses of angers or sudden behaviour changes. However, she admits being sometime overwhelmed with the behaviour of her eldest children and interference of his family and friends. [ 7 ] The mother started a follow-up with an educator but she is not consistent in her appointments. Once again, the mother says otherwise. Overall, it was hard to reach her and work on her issues.

The collaboration of the mother is mitigated. It has been noticed that in time of crisis, she implicates herself but as soon as the situation is resolved she stops collaborating. She is very emotional, crying all the time and demanding. She says that she will implicate herself in services but she does not follow through. She does not take any responsibility for her actions or lack of follow-up and tends to blame others. Currently, the condition of the mother is worrying, she exhibits behaviours that may suggest that she is not mentally stable.

In fact, she shows signs of disorganization. [ 8 ] The child is 11 years old and he has a diagnosis of attention deficit hyperactive disorder (ADHD) and has an impulsive behaviour requiring guidance by the parents. The child confides that his mother physically abuses him sometimes. Afterwards, he said

that he only said that because he was impulsive and did not get his way. [ 9 ] Since the child was removed, the mother frequently visits him at the rehabilitation unit. She maintains good relations with the staff regarding his progress. The father also visits his son but leaves early sometimes. The contacts between them are going well. The child is functioning nicely at the unit. He has limited outbursts and adapted well with the rules and structure.

However, a return to a foster family is foreseeing for him considering his young age and his improvement. [ 10 ] The father still does not have a fixed address for this reason, it is hard to communicate with him. [ 11 ] For the time being, the mother nor the father are able to take care of the children neither to ensure a stable and above all a safe environment for them.

On the next few months, the mother will have to put herself in action in order to have her children back but before doing so, she will have to rebuild her relationship with the children as well as their trust. [ 12 ] The evidence demonstrates that the security and development of the child is in danger. Under the circumstances and considering the evidence, the admissions and the consent of the mother, the application is well founded. The suggested measures appear to be in the best interest of the child.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 13 ] GRANTS the application for revision and extension of order; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 15 ] REVISES AND EXTENDS the Court order rendered on October 5, 2018; [ 16 ] ORDERS that child be entrusted to a foster family designated by the DYP until June 30, 2020; [ 17 ] ORDERS that the contacts between the child and his parents be determined according to an agreement between the parties; [ 18 ] ORDERS that the parents report periodically to the DYP on the measures they apply to them and their children to put an end to the situation of endangerment; [ 19 ] WITHDRAWS from the parents the exercise of attributes of parental authority regarding social, vacations and other outings in case of unjustified refusal or impossibility to reach then in due time and AUTHORIZES the DYP to sign in place of the parents; [ 20 ] RECOMMENDS the parents submit themselves to random screenings drug test; [ 21 ] RECOMMENDS that the parents participate in addiction assessment and counselling if deemed necessary; [ 22 ] RECOMMENDS that the parents participate in and receive follow-up services in a psychology assessment, parental capacity and counselling; [ 23 ] RECOMMENDS that the mother participate in anger management; [ 24 ] ORDERS that the parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 25 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until June 30, 2020; [ 26 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Jules Grenier for the child Me Alexis Deschênes for the mother

Mr. B the father Written judgment filed on October 18, 2019