2012 QCCQ 13008, 2012 QCCQ 13008

Protection de la jeunesse — 124740 2012 QCCQ 13008 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001421-111 DATE: October 12, 2012 (August 16, 2012) ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2006 [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection of the Town A, working in Town A, district A, province of Quebec Applicant v.

A , residing and domiciled in Town A, district A, province of Quebec Mother ______________________________________________________________________ RECTIFIED JUDGMENT ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Director of Youth Protection is making an application for the review of a decision rendered by the Honourable Marc E. Grimard on December 13, 2011 concerning the child X, born on […], 2006. The applicant is seeking a placement until majority. [ 2 ] The mother is present at the hearing and represented by Me Sarah Plamondon.

She does not consent to the placement of her daughter until majority but she recognizes that the bond between the foster mother and the child is significant. She also admits the improvement of her child due to the remarkable involvement of the foster mother. In fact, it is too painful for her to consent to a long- term placement. II – THE FACTS [ 3 ] The child has been placed in a foster family since May 8, 2008. According to the evidence, despite her young age, she has already been placed in many different foster families. [ 4 ] The child has been living with Mrs. B since December 12, 2011. Mrs.

B has been working for Youth Protection since September 2009 and, since November 2011, for the Director of Youth Protection of Town A Mrs. B started caring for the child as no foster home could be found for her. The child presents many attachment issues. [ 5 ] The child has made lot of progress since the last Court order on December 2011. She needs stability and supervision and the foster family is providing her with such an environment. For the first time, she is stable in a foster home and is bonding with her foster mother. [ 6 ] According to psychologist Dr.

Joseph Beltempo who assessed the child, she displays severe behavioural problems due to an attachment disorder. The child reacts to separation and the setting of limits and consequences. She can throw very intense and long tantrums. She also has difficulty interacting with other children. She is very possessive and refuses to share her toys, and she reacts when her foster mother gives attention to other children. [ 7 ] X's teacher has observed progress since Christmas. She noticed an improvement in peer relationships.

She is able to behave without the presence of a shadow every day. [ 8 ] Since the last Court order, the mother has a stable personal life. She attends school every day and enjoys it. She states that her drinking and drug habits decreased considerably during the last months. She drinks two to three times per month and smokes marijuana two or three times a week. [ 9 ] Despite this improvement in the mother’s personal situation, she has very irregular contacts with her daughter. [ 10 ] Between February 13 and March 31, 2012, visits were scheduled regularly. The first month, the mother never came to visit her

daughter. She explained to the worker that she was sleeping or that she forgot. The second month, she never came to the office to pick up the new schedule, even though she was reminded many times by the worker. [ 11 ] On April 17, 20012, the worker explained to the mother that she would be asking for a placement until majority for the child. The mother mentioned that she preferred not to go to the foster home organized visits because it was too painful for her. [ 12 ] On January 27, 2012, Dr. Joseph Beltempo, psychologist, assessed the child to better understand her severe behavioural problems.

According to the assessment by Dr. Beltempo and the evaluation by a child psychiatrist, it appears that the child has a severe attachment disorder of the disorganised type. She has a heavy history of being abandoned and placed that caused severe damage. She needs stability, security and a very structured environment. Dr. Beltempo also recommends that the foster parents receive support and coaching by an attachment professional. III – APPLICABLE MEASURES [ 13 ] As previously mentioned, the Director of Youth Protection is asking for the placement of the child until majority.

The mother does not agree because it is too painful for her to do so, but she recognizes the improvement of her child and the commitment of the foster mother. [ 14 ]

Section 91.1 of the Youth Protection Acts limits the duration of a foster care measure to 24 months for children two to five years of age. According to the law, at the end of this period the Court can render a decision aimed at providing continuity of care, stable relationships and stable living conditions to the child on a permanent basis : 1) The prospect of the child's return with his family is unrealistic; 2.

The existence of a life project by which the child is able to adapt and bond with the new family. [1] [ 15 ] In order to satisfy the second condition, the Court must verify the commitment of the foster family for a long-term placement and the level of attachment of the child to her new family. [ 16 ] In the case at bar, the evidence shows that the child has particular difficulties. It is the first time she experiences stability and security in a family environment. She has been living with Mrs. B since December 12, 2011. She shows remarkable improvement due to the involvement of the foster mother.

The Court is of the opinion that the prospects that the child returns with her family are unrealistic considering her special needs. This being said, the Court wishes to underline the maturity of the mother who recognizes the remarkable work of the foster mother for her child. [ 17 ] The child X is part of the family of Mrs. C. The foster mother understands well the child’s difficulties and the fact that the behavioural problems can be permanent.

She is well aware of the child’s needs and, with constancy, time and understanding, she will be able to help the child improve her behaviour. [ 18 ] The girl is a bright child. However, the evidence shows that she reacts strongly to instability.

It affects her behaviour in school. [ 19 ] As well, the evidence shows very clearly that the child needs stable living conditions on a permanent basis. [ 20 ] The plan proposed by the Director of Youth Protection respects both the Youth Protection Act and the best interest of the child. [ 21 ] In light of the previous placement, of the fact that the child cannot go back with her mother and considering the child's foster family, the Court is convinced it is in the best interest of X to be placed in a foster family until majority provided she remains in the care of Mrs.

C. [ 22 ] According to the fact that the child has severe behavioural problems and consequently lots of specific needs like child psychiatrist follow-up, medical follow-up and other specialized services, the Court believes that it will be important to authorize the foster mother, Mrs.

B, to sign school, medical and travel consents [ 23 ] FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the motion; [ 25 ] REVIEWS the decision ordered on December 13, 2011; [ 26 ] DECLARES that the security and development of the child are still in danger; [ 27 ] ORDERS the placement of the child X, born on […], 2006 in a foster family, specifically the foster family of Mrs.

C, until the child reaches majority; [ 28 ] ORDERS that contacts between the mother and the child’s sister be supervised by the Director of Youth Protection; [ 29 ] RECOMMENDS that contacts between the mother, the child and her sister be encouraged by the Director of Youth Protection; [ 30 ] ORDERS that B be authorized to sign for school, medical and travel consents [ 31 ] ENTRUSTS the situation of the child to the Director of Youth Protection who shall see that the measures are carried out.

__________________________________ RENÉE LEMOINE, J.Q.C. M e Yan Massé For the child M e Sarah Plamondon For the mother M e Gabriel Gaudreault For the applicant Date of hearing: June 5, 2012