2017 QCCQ 18249, 2017 QCCQ 18249

Protection de la jeunesse — 178491 2017 QCCQ 18249 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-025633-124 DATE : September 6, 2017 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [...], 2004 Director of Youth Protection A Applicant A (deceased) Father B Mother C Paternal grandmother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to extend the order rendered on August 19, 2016, entrusting the child to a reception centre until June 30, 2017 along with a social follow-up and other corrective measures. [ 2 ] The Director alleges that the child is progressing well at Tobin House and that he continues to require the structure of a reception centre.

The child’s paternal uncle was assessed as a potential resource but ruled out for the moment despite the close bond that they share.

Furthermore, there has been little evolution regarding the mother’s situation. [ 3 ] Consequently, the Director is asking that the current measures be extended for a year to allow the paternal uncle time to improve his personal situation in the hope that the child may eventually be entrusted to his care. [ 4 ] Both the mother and the paternal grandmother are absent despite having been duly served although they have expressed their agreement with the proposed measures to the social worker. [ 5 ] The child’s lawyer supports the measures proposed.

The Situation [ 6 ] Since the last judgment, the child has remained in Tobin House where he continues to progress well. Of concern is the fact that he will have to be transferred to another resource relatively soon because he will reach the maximum allowable age for Tobin House this year. The uncertainty of his situation triggers anxiety and oppositional behaviour.

The worker is hopeful that he will be able to remain in the home until the end of the school year. [ 7 ] At school, although he continues to progress academically, his social skills remain problematic particularly with respect to conflict resolution and accountability. [ 8 ] In accordance with the recommendations of the psychological assessment, the child continues to participate in art therapy twice a week.

[ 9 ] Contact with his mother remains sporadic at best. However, the child maintains regular contact with the maternal and the paternal grandmothers, the paternal grandfather as well as his paternal uncle D, with whom he shares a close bond. [ 10 ] The paternal uncle was in fact assessed as a potential foster family for the child. Although his commitment and bond with the child was acknowledged, his candidacy was refused for the following reasons: “Considering X’s high needs at this time given that he has been in a group home for 5 years, Mr.

D’s lack of awareness around attachment issues, trauma, and behaviour; his stress and instability in terms of employment and finances; as well as his use of and suspected dependence on marijuana, he was not recommended as a Famille d’Accueil Proximale for X at this time. [1] ” [ 11 ] Nevertheless, the paternal uncle has agreed to work on the issues identified in the assessment and all parties are hopeful that this potential project can ultimately be realized. [ 12 ] Under the circumstances, the Court concludes that the recommendations are in the best interest of the child. [ 13 ] FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the child are still endangered; [ 16 ] ORDERS that the child remain entrusted in an institution operating a rehabilitation center; [ 17 ] RECOMMENDS that the child remain at Tobin House for the duration of the order; [ 18 ] ORDERS that the frequency and modality of contacts between the child, his mother and his maternal grandmother be determined by the DYP; [ 19 ] ORDERS that the frequency and modality of contacts between the child and his paternal grandmother be determined by the DYP and ORDERS that they be encouraged; [ 20 ] ORDERS that the frequency and modality of contacts between the child and his paternal uncle D be determined by the DYP and ORDERS that they be encouraged; [ 21 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 22 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] THE WHOLE for a period of one year.

SIGNED IN CITY A September 25, 2017 __________________________________ KAREN OHAYON, J.C.Q. Me Sym Davis Attorney for the D.Y.P. Me Francis Cloutier Attorney for the child Date of hearing: September 6, 2017 KO/lf