2019 QCCQ 18421, 2019 QCCQ 18421

Protection de la jeunesse — 197594 2019 QCCQ 18421 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 550-41-002420-162 DATE: October 15, 2019 ______________________________________________________________________ BY THE HONOURABLE VALMONT BEAULIEU, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Plaintiff and X Child A B In their capacity as parents ______________________________________________________________________ JUDGMENT (sections 95 and 75, Youth Protection Act ) ______________________________________________________________________ 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 February 2 nd , 2018, Justice Sylvain Meunier entrusted X to a foster family for a period of 18 months. [ 2 ] As for the contacts with the parents, the Court decided as follows: - that the contact between the child and his mother be according to an agreement between the parties; - that the contact between his father be according to an agreement between the parties; [ 3 ] Justice Meunier also recommended that the mother ensure taking

part in a follow-up group in regard to her parental abilities and follow the recommendations (routine, consistency rule). [ 4 ] Also, Justice Meunier wrote in his judgment : [7] The child has adapted well to his foster family, who meet his great need for supervision.

Although his mother has made remarkable progress, she says she is nervous in the face of her son’s behavioural problems. [8] The father’s cooperation is described as positive; however, he has not had physical contact with his son for almost two years as he did not have the financial means to travel between his place of residence and that of the child. The father lives in Town A in [Region A]. [9] The child is angry at his father in view of this ongoing situation. [10] In

summary, the child’s situation requires constant supervision, which the foster family is able to provide, and which the mother cannot yet at this time. [ 5 ] Today, for the same reason, the father is absent for the Court. [ 6 ] He is absent in the life of his son since 2016. [ 7 ] He called his son a few times and he only met him once according to the evidence. [ 8 ] When he met X, the Director of Youth Protection had not been notified.

[ 9 ] In this day, the mother accepts the recommendations of the applicant, madam [Social Worker 1] (D-7). [ 10 ] The Court read her report and supports her opinion. [ 11 ] All agreed that X needs a structured environment capable of providing stable routine and clear rules. [ 12 ] As a priority, a long term plan is necessary for the child, in order to obtain stability in his life. [ 13 ] Since January 4 th , 2017, X is entrusted in a foster family and he resides with Mrs.

C. [ 14 ] He understood quickly that he was not the one making the decisions and he did not argue or try to do so. [ 15 ] X needs a lot of supervision, mainly when he is with the other foster kid. He can be influenced by the older kids and he can intimidate the younger ones. [ 16 ] The child attends the elementary school and he is doing well. He receives fulltime individual support from an educator. [ 17 ] Also, the school staff is able to give him a lot of support and supervision. [ 18 ] X was diagnosed with oppositional disorder with provocation, anxiety and ADHD. [ 19 ] He is under the care of Dr.

Blais at HPJ. He was firm on the fact that X has never functioned in school or at his mother’s home up until he was entrusted into foster care and integrated this school in Town B. [ 20 ] X visits his mother every weekend from Friday to Sunday and other special holidays. Generally, the visits have been positive. There have been a few incidents where the child had a temper tantrum. [ 21 ] The mother communicates with the foster family to ask for advice and control the situation. [ 22 ] Moreover the mother recognizes that without the support of Mrs.

C it would be difficult for her to take care of her son every weekend. [ 23 ] X responds well to Mrs. C over the phone and obeys to her authority. [ 24 ] About the mother, the social worker wrote: The mother wanted her son to come back home but she was nervous about the outcome and risks of X regressing. X has done a lot of progress and is more aware of his difficulties.

After meeting with the school, school board and specialist at [Hospital A], the mother came to an agreement with our services that in order for X to keep thriving, he needed to stay in the exact actual environment he was in and to benefit from his weekends and holidays with the mother. Ms.

A has been and is fully focused on the best interest of her child. [ 25 ] X agrees with the recommendation because he can see his mother as much as he wanted to on weekends and Holidays. [ 26 ] He has worked on being able to name his emotions and has shown the capacity to control his behavior in certain situations. [ 27 ] He progressed well in school, in the foster family and his mother’s home during his visits. [ 28 ] The Court hopes to keep this going and congratulates him on his progress. [ 29 ] It is also important for the child to maintain a bond with his native roots by participating in cultural events, practices and rituals in his Community.

The Court notes that the mother communicates with her son in Cri in order for him to preserve his native tongue. [ 30 ] Considering the best interest of X, the Court: THEREFORE THE COURT : [ 31 ] GRANTS the motion; [ 32 ] DECLARES that the security or the development of the adolescent is still compromised; [ 33 ] EXTENDS the decision rendered on February 2, 2018, by the Honourable Sylvain Meunier; [ 34 ] ORDERS the following measures; [ 35 ] ENTRUST the adolescent to the foster family of C until the age of his majority, […], 2025; [ 36 ] ORDERS that the contacts between the adolescent and his mother be according to an agreement between the parties; [ 37 ] ORDERS that the contacts between the adolescent and his father be according to an agreement if a 48 hours notice is given by the father to the social worker; [ 38 ] ORDERS that the father be sober during his contacts with the adolescent; [ 39 ] ORDERS that the father receive an evaluation of his consumption and his violence issues and that he follow the recommendations;

[ 40 ] ORDERS that the adolescent receive the services required by his state (medical, dental, anger management); [ 41 ] ORDERS that the mother ensure to take

part in a follow-up/group in regards to her parental abilities and follow the recommendations (routine, rule, etc.); [ 42 ] ORDERS that the adolescent and his mother participate actively in the elaboration and the application of the intervention plan; [ 43 ] ORDERS that a person designated by the Director of Youth protection provide help, advice and assistance until […], 2025; [ 44 ] ENTRUST the situation of the adolescent, X , to the Director of Youth protection, who shall then see that the measures are carried out; [ 45 ] ORDERS any person concerned by the present order to conduct himself accordingly. __________________________________ VALMONT BEAULIEU, J.Q.C.

Mtre. Laura Normandin Counsel for the Director of Youth Protection Mtre. Daniel Lessard Counsel for the child Mrs. A Mother - Representing herself Date of hearing: October 15, 2019