2020 QCCQ 11982, 2020 QCCQ 11982

Protection de la jeunesse — 208173 2020 QCCQ 11982 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-001594-131 Date : September 11 th , 2020 ______________________________________________________________________ PRESIDED BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X born on […], 2011 Child And [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C, working in Town A Applicant And A Mother _____________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (CQLR c. P-34.1 ) ______________________________________________________________________ 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.). INTRODUCTION [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 11, 2020. [ 2 ] The Director of youth protection (DYP) submits to the Court a motion asking to extend and revise the decision previously rendered on December 18, 2019 and declare that the security and development of the child are still in danger as expressed in the motion. [ 3 ] Consequently DYP asks the Court to entrust the child to rehabilitation center, as well as other measures to resolve the situation.

QUESTION IN LITIGATION [ 4 ] Are the security and development of the child still compromised? In the affirmati-ve, do the recommended measures answer his needs and are they in his best interest? CONTEXT AND ANALYSIS [ 5 ] The mother is not regularly involve in her child’s life. She is still struggling with alcohol consumption and personal issues.

[ 6 ] The child displays serious behavioral issues, such as aggressive and impulsive behaviour, and inappropriate sexual behaviour. [ 7 ] He was evaluated by Dr. Beltempo in November 2019, and in his report dated December 17, 2019, he mentioned: “He has shown a significant impairment in behavioral self-regulation , attachment and attentional difficulties as well as emotional difficulties stemming from a very traumatic early childhood upbringing , and numerous placements , i.e. over eleven (11) placements in Foster Homes in the last year.(…) X’s mother was described as an alcoholic and very unstable.

Although X says that he loves his Mother, he knows that ‘she cannot take care’ of him and feels at times rejected by her. He has numerous anxieties and worries about everything and everyone ; in particular, he is hypersensitive to be accepted and will do everything to avoid rejection. Given the numerous Foster Homes that have rejected him because of his aggressive/suicidal threats when he does not get his way, he does become and feel rejected (in a self-fulfilling process).

The basis of X’s acting out seems to stem from a combination of pre-natal exposure to alcohol, a childhood with a home environment which was not supportive and very abusive towards him, thus undermining his growth and respect for authority. In response, X have developed a reactive attachment disorder along with oppositional defiance aggressive disorder , which would require a higher level of structure than a regular Foster Home.” [1] [ 8 ] He also mentioned that X is “extremely anxious about where he is going next, for fear that he is going to a Group Home just like his sisters” [2] [ 9 ] X is nine (9) years old.

He excels academically but struggles following directives and responding to authorities. He tries his best to follow structured environment and routines in the group home. [ 10 ] This child was placed thirty-seven (37) times. The foster families gave up because of his behavior. He is placed into foster families since he is five (5) years old. The maximum delay of placement is reached. [ 11 ] The goal of the DYP in asking to extend the placement in a rehabilitation center is to prevent the failure of a foster family placement.

The integration on a foster family have to be successful, to avoid any new disappointment and distress for the child. [ 12 ] A safe and stable life plan must be determine, and the psychological help must be implemented for this child, as soon as possible. [ 13 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the measures suggested meet his needs and deemed to be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the child are still compromised. [ 16 ] ENTRUSTS the child to a rehabilitation center chosen by the institution operating a child and youth protection center; [ 17 ] AUTHORISES DYP to integrate the child in a foster family, if the situation allows it, and with the psychological help he needs; [ 18 ] ORDERS that the contacts between the child and his mother be determined by DYP as for the modalities, the frequency, the degree of supervision; [ 19 ] TAKES JUDICIAL NOTICE that the mother can see the child with B, but she have to fix those contacts with DYP; [ 20 ] ORDERS the mother to report periodically to the DYP on the measures she apply in her own regards and on her child’s regard to put an end to the situation in which the security or development of the child is in danger; [ 21 ] ORDERS the mother to take an active

part in the application of the measures ordered by the tribunal ; [ 22 ] ORDERS the mother to report in person, at regular intervals, to the DYP to inform him of the current situation; [ 23 ] ORDERS the mother to remain sober and without any violent behaviour in the presence of the child; [ 24 ] RECCOMMENDS the mother to seek help concerning her personal issues; [ 25 ] ORDERS DYP to ensure that the recommendations of Dr.

Beltempo are followed; [ 26 ] ORDERS more specifically that X be evaluated by a pediatrician , to focus on several aspects of his suicidal threats, attentional difficulties, ADHD, and for his attachment disorder, and by a pediatrician specializing in Fetal Alcohol Spectrum Disorder , before the end of the present order ; [ 27 ] ORDERS DYP to ensure that the recommendations made by any pediatrician assessing X, be followed; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 29 ] If and when the child integrates a foster family, ORDERS DYP to provide the services of an external educator in the foster family, as long as deemed necessary by the professional; [ 30 ] ENTRUST the situation of the child to the DYP who shall then see that the measures are carried out;

THE WHOLE, until April 30 th , 2021. ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Me Adèle Cyr Counsel for the Director of Youth Protection Me Angèle Tommasel Counsel for the mother Me Cassandra Neptune Counsel for the child