2020 QCCQ 5236, 2020 QCCQ 5236

Protection de la jeunesse — 203407 2020 QCCQ 5236 JA1096 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] «Youth Division» N° : 505-41-009668-197 DATE : June 12, 2020 BY THE JUDGE : FRANÇOIS ARTEAU-GAUTHIER In the matter of the child: X Born on [...], 2015 [Social Worker 1] , in her capacity of authorized person by the Youth Protection Director Declarant and A, B, Parents of the child JUDGMENT Section 95(2) of the 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 11.2.1 and 135 Y.P.A. ] [ 1 ] The Director of Youth Protection (The Director) asks the Court to extend the court decision rendered for the child X , who is five years old. [ 2 ] The Director alleged that the child evolves positively in his foster family and that he still has important reactions following his supervised visits with his father. [ 3 ] As principal measures, the Director recommends entrusting X to his foster family for another year and that the contacts between the child and his father be following an agreement between the parties, including upon the level of supervision necessary. [ 4 ] The father is in agreement with the conclusions of the application. [ 5 ] The mother has abandoned the child in January 2019 and has not been implicated since. [ 6 ] The child’s attorney is also in agreement with the conclusions of the application and asks the Court to order specific health services for his client, namely follow-ups in occupational therapy and speech therapy as well as an autism spectrum disorder assessment.

Context and analysis [ 7 ] Since the last Court order, X evolved positively in his foster home even if he has some developmental delays and behavioural issues.

[ 8 ] He is able to repeat what people say and make some sentences but still needs help to develop further language abilities. [ 9 ] Assessments in rheumatology and in physiatry have revealed the child’s needs in follow-ups in speech therapy and in occupational therapy. [ 10 ] An autism spectrum disorder is also suspected. The child is on a waiting list for an assessment. [ 11 ] In the fall 2019, the contacts between X and his father were made three times a week.

Due to post-visit reactions, the frequency of said contacts has been reduced to once a week. [ 12 ] Following the visits, the child is more aggressive, can bite and pinch, wakes up screaming and is in constant need to be reassured. [ 13 ] Those reactions are still observed four or five days after a visit. [ 14 ] X and his father are both working on their trusted relationship and attachment. [ 15 ] The father understands that the frequency of his visits had to be reduced. He cooperates well with the social services. He is forthcoming about his difficulties and his needs for assistance.

He admits that he could not take care of his son in a near future as he needs to learn to put in place a routine and how to apply appropriate consequences when his rules are not followed. [ 16 ] Meanwhile, it is in the child’s best interest to remain in his foster family.

THE COURT: [ 17 ] GRANTS the present Application; [ 18 ] DECLARES that the security and the development of the child, X , are still in danger; [ 19 ] EXTENDS the Court order rendered on November 4, 2019 in the present file; [ 20 ] ORDERS that the child be entrusted to a foster family chosen by the Director of Youth Protection A; [ 21 ] ORDERS that the contacts between the child and his father be following an agreement between the parties concerning the terms, frequency and the degree of supervision; [ 22 ] ORDERS that the contacts between the child and his mother be following an agreement between the parties and in the presence of a third party chosen by the Director; [ 23 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 24 ] ORDERS that the child receives the following specific health services: • follow-up in occupational therapy and in speech therapy; • an autism spectrum disorder assessment; [ 25 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 26 ] THE WHOLE for a period of one year. __________________________________ FRANÇOIS ARTEAU-GAUTHIER, J.C.Q.

Me Jean Pierre Gaudreau Attorney for the child Me Isabelle Lyonnais Attorney for the declarant Me Kathleen O’Meara Attorney for the father

Date of hearing : June 12, 2020 Judgment signed on: July 17, 2020