2016 QCCQ 9409, 2016 QCCQ 9409

Protection de la jeunesse — 164046 2016 QCCQ 9409 COURT OF QUEBEC « Youth division » CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] N° : 610-41-000641-142 610-41-000642-140 DATE : April 8, 2016 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], exercising her profession at the Centre Jeunesse A, having a place of business at […] in Town A, district A, […]; Applicant -and- X, residing at […] in Town A, district A, […]; -and- Y, residing at […] in Town A, district A, […]; Children -and- A, domiciled and residing at […] in Town B, [A Province], […]; Mother -and- B, domiciled and residing at […] in Town A, district A, […]; Father ______________________________________________________________________ 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 ] On January 15, 2015, this Court rendered a decision in the situation of the children X and Y, both born on […], 2007, entrusting the child X to a foster family, namely that of Mrs. C, and the child Y to her aunt, D, both for a period of 12 months. [ 2 ] Considering that the children are doing very well in their respective foster families, the Director of Youth Protection seizes the Court of a motion under

section 95 of the Youth Protection Act , asking this Court to prolong both placements until the children reach the age of majority. [ 3 ] This day, the children are not in Court due to their young age, but represented by Me Warolin. The applicant and mother are present and represented. The father is absent and has not retained the services of a lawyer. He is not very present in the lives of his children and the applicant unsuccessfully tried to communicate with him on several occasion since the last judgment rendered.

The Court allows the applicant to proceed in his absence. [ 4 ] The Court also allows the applicant to proceed with a joint motion for both the children. [ 5 ] The mother admits to most of the allegations contained in the petitions for both Y and X and is in agreement with the measures put forth by the Director of Youth Protection. [ 6 ] The children, through the voice of their lawyer, admit to most of the allegations of the motion.

They miss their mother and would like to be with her, therefore they are not in agreement with the placements, but they are happy in their current respective foster families. [ 7 ] The Director of Youth Protection has been involved intermittently with this family, more specifically with both of the children, since January 2008. In the past, it was reported that there was a serious risk of neglect because of substance abuse by the mother and father, instability from both parents and exposition to domestic violence. The children have been entrusted to family members on a few occasions.

The situation endangering the children's safety and development has never been eradicated. [ 8 ] Since the last judgment, the mother has been living in Town B and is still in school. During the summer of 2015, she moved back on the reserve in District A First Nation before returning to Town B in the fall, resuming her studies. SITUATION OF THE CHILD X [ 9 ] X has a history of behaviour disturbances. In march 2015, a service plan was elaborated with the school and first line services

of District A First Nation and conducted at school and at home. [ 10 ] It was recommended by the family doctor Czapski that X be removed from taking the medication Concerta during the summer months. This was decided in order for the child to be able to take a break and gain some weight. The foster parents have reported that this really worked well for X and he is no longer on the medication Concerta . [ 11 ] Currently, X has stabilized his behaviour at school and within the family environment. The applicant sees an amazing transformation with his foster family.

He settled in a positive routine and is well adapted. SITUATION OF THE CHILD Y [ 12 ] Y has been through some emotional times. She is managing well for the most part the fact that she is living away from her parents and brother. She likes living with her aunt D. That being said, there was a concern that the child was not able to talk about her feelings and that her negative behaviour was escalating. [ 13 ] On August 15, 2015, Y met with Dr J. Teshima, Psychiatrist, and it was decided that the child was to meet weakly with the school counsellor, Kim McLaren.

She is reporting that she works with Y, providing her with the tools she needs in order to face her emotions and learn how to deal with them. This has been quite beneficial for the young girl, as she is developing good social skills and coping with her challenges very well. The school indicates that Y is also doing much better. ANALYSIS [ 14 ] On June 11, 2015, it was decided by the director of youth protection that the time had come to orient the situation of the children towards a permanent placement to ensure their stability and development.

Given their current respective positive living situations, it would be beneficial for the children to remain with their foster families until they reach majority. [ 15 ] On November 5, 2015, the mother told the applicant that she agrees with a placement for Y and X until they reach majority, and indicated that she wanted to inform them of the situation herself. She also wanted the opportunity to explain her motives and decision to the children. [ 16 ] The mother is aware that her children are happy in their respective foster families.

Arrangements were made in order for her to meet with her children every month and she contacts them quite frequently via phone. [ 17 ] Although her situation has improved since the Director of Youth Protection first got involved with the family, the mother is still struggling with her own issues, notably by getting involved in abusive relationships. [ 18 ] The applicant has noticed that there is a certain bond between the mother and her children.

They are happy when they see her, but there is no negative reaction when the mother leaves, possibly because of the history of placement of the children. [ 19 ] As for the father, he is not involved in the lives of his children and does not collaborate in any way with the services of the director of youth protection. [ 20 ] The foster homes where the children are currently living are ready and willing to foster them until they reach majority. [ 21 ] The Court has to consider that there has been many placements in the past and, as the mother herself acknowledges, the children are developing well and they are happy in the current foster home family settings.

It is in their best interest that they be placed until their majority.

FOR THESE MOTIVES, THE COURT: [ 22 ] GRANTS both requests; [ 23 ] MAINTAINS that the security and development of Y, born on […], 2007, and X, born on […], 2007, are still in danger; [ 24 ] PROLONGS the entrustment of the child Y, born on […], 2007, to a foster family until she reaches her majority; [ 25 ] RECOMMENDS that it be the foster family of D, and if not possible in the future, the applicant can place the child in another appropriate foster home; [ 26 ] PROLONGS the entrustment of the child X, born on […], 2007, to a foster family until he reaches his majority; [ 27 ] RECOMMENDS that it be the foster family of Mrs.

C, and if not possible in the future, the applicant can place the child in another appropriate foster home; [ 28 ] ORDERS that the contacts between the parents and their children be supervised by the Director of Youth Protection as for the frequency, modality and the presence of a third party until deemed necessary by the Director of Youth Protection, and that they be in the best interest of the children; [ 29 ] ORDERS that the contacts between the children and the mother be at a reason of at least physically once a month and two phone communications a week; [ 30 ] ORDERS that there be a calendar made for the contacts between the parents and the children;

[ 31 ] ORDERS that all the measures ordered on January 15, 2015, continue to apply if necessary; [ 32 ] ORDERS that aid, counselling and assistance be provided to both children and their parents until the children reach their majority; [ 33 ] ORDERS that the police force collaborate to the execution of the present order; [ 34 ] ORDERS that the situation of the children be entrusted to the Director of Youth Protection for the purpose of the application of the present measures. __________________________________ Marc E. Grimard, J.C.Q.

M e Julie Lemire Counsel for the applicant M e Peggy Warolin Counsel for the children M e Daniel Ouellette Counsel for the mother Date of hearing: February 16, 2016