2012 QCCQ 9662, 2012 QCCQ 9662

Protection de la jeunesse — 121390 2012 QCCQ 9662 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division NO: 640-41-001374-112 DATE: January 9, 2012 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of A of City A. PETITIONER AND X Born on […], 2004 CHILD AND A MOTHER AND B FATHER ______________________________________________________________________ JUDGMENT (

Section 95 Youth Protection Act, R.S.Q. c. P-34.1 ) ______________________________________________________________________ [ 1 ] The Director of Youth Protection submits a motion to review and extend a court decision rendered on June 23, 2011 by Judge Denyse Leduc J.C.Q., implementing the measures agreed upon by the parties. [ 2 ] At the hearing held in City B , the parents were not present nor represented by counsel despite the fact that they had travelled from City C and were seen the day before and reminded of the hearing that was to take place the next day.

They called the Social Worker and declared that they agreed with the measures recommended by the Director of Youth Protection. [ 3 ] The child is represented by Me Daniel Ouellette who had the opportunity to meet with her before the hearing. [ 4 ] The parents still experience alcohol and drug related problems.

They failed to seek help to resolve these problems declaring that they were able to deal with it by themselves, the result of which was not conclusive. [ 5 ] X presents special needs for which a structured environment as well as clear and coherent rules are essential to contain her behavioural problems. [ 6 ] She can be aggressive with her peers at school. When things are not the way she wants, she has serious difficulty controlling her frustrations. [ 7 ] The psychologist, M. Pierre Barrette, assessed the child in May 2011.

He states that: "significant environment support and external structure are vital since X needs external restraints to deter maladaptive behaviour. Liaison between caregivers, Youth Protection Workers, family, and/or school is essential." [ 8 ] The evidence reveals that the parents' collaboration with the Social Worker and the foster family is poor. [ 9 ] X probably suffers from an attachment disorder. Professional help is necessary. The parents failed to sign the necessary documents in order for X to benefit from these professional services, even if they were asked many times.

This help cannot be delayed any longer. X must receive the professional and specialized services needed in order to solve her problems and to fully develop her potential. [ 10 ] M. Barrette also assessed the parents. Both of them should benefit from individual therapy in order to resolve their issues.

[ 11 ] If the parents do not offer full and open collaboration and if they do not take the necessary steps to put an end to their problems in the following months, a life plan should be established by the Director of Youth Protection in order to provide a place where the child will receive adequate care for her special needs. [ 12 ] In October, X started to live in a new foster family who is better equipped to provide the structure and the rules required by the child. Not long after integrating this foster family, improvements in the child's behaviour were noticed.

It will be important and essential that the parents do not interfere with the rules established by the foster family for X . [ 13 ] FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the petition; [ 15 ] DECLARES that the security and the development of X, born on […], 2004, are still endangered; [ 16 ] ORDERS the placement of X in a foster family for a period of 6 months; [ 17 ] ORDERS that the parents' access rights be supervised by the Director of Youth Protection and established in the best interest of X ; [ 18 ] ORDERS that the parents seek professional help to for their alcohol and drug related problems; [ 19 ] ORDERS that the parents seek therapy for their personal issues; [ 20 ] ORDERS that X receives a psychological follow-up for as long as deemed necessary by the professional providing this service; [ 21 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents and conferred to the Director of Youth Protection for a period of 6 months, namely to sign any consent form needed in order for X to receive the professional services she requires; [ 22 ] ORDERS that aid, counsel and assistance be provided to X and her parents for a period of six months; [ 23 ] ORDERS any police force to collaborate with the execution of the court orders if required to do so by the Director of Youth Protection or his representatives; [ 24 ] ENTRUSTS X 's situation to the Director of Youth Protection for the purpose of the execution of the court orders. __________________________________ LUCILLE CHABOT, J.Q.C.

Me Alexandre Cimon Lawyer for the petitioner Me Daniel Ouellette Lawyer for the child Date of hearing: December 15, 2011