2021 QCCQ 17281, 2021 QCCQ 17281

Protection de la jeunesse — 217547 2021 QCCQ 17281 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002154-182 DATE: October 6, 2021 ______________________________________________________________________ PRESIDING: THE HONOURABLE CHRISTIAN LEBLANC J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2007 [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection of the A C.Y.P.C., having a place of business in Town A; Applicant and A, residing and domiciled at […], in Town B, Québec, district A, Mother and B, residing and domiciled at […], in Town B, Québec, district A Father ______________________________________________________________________ JUDGMENT (Section 95 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review and extend a decision rendered on September 11, 2020 regarding the youth X, born on […], 2007.

On that date Dominique Wilhelmy, J.C.Q. declared the security and development of the youth to be still in danger and entrusted her to a foster family until June 30, 2021. [ 2 ] The Director submits that the placement must be extended because the parents, who mobilized themselves and have improved their situation, still need support to ensure a safe environment for their child. [ 3 ] Therefore, the Director is asking the Court to entrust the youth to the parents and to order aid, counselling, and assistance for the youth and her parents until June 30, 2022.

Position of the parties [ 4 ] The mother is present and represented. She recognizes that the security and development of her child are still in danger, and she agrees with the measures. [ 5 ] The father is present. He is not represented. He recognizes that the security and development of his child are still in danger, and he agrees with the measures. [ 6 ] The youth is present and represented. She recognizes that her security and development are still in danger, and she agrees with the measures. [ 7 ] Counsel for the youth submits that the suggested measures are in the youth’s best interest.

Facts [ 8 ] After the last court hearing, the youth was placed in a foster home. Not long af-ter, she had to be transferred to a second foster home, that of the youth’s aunt, C.

This was a temporary placement until the DYP could find a more permanent foster home. [ 9 ] That second placement did not last long since C was personally being investigated concerning her own children, and she was found intoxicated on September 17, 2020, a mere six days after the last hearing. [ 10 ] Due to the youth’s very strong, negative reaction following her integration with the third foster family, she was successfully integrated into a fourth one on October 8, 2020. [ 11 ] X said she was happy there and the Director started to work with the parents to plan contact and more prolonged visit between

the youth and them. [ 12 ] For contact and visits, which included sleepovers, the main rule was that the parents remain sober. [ 13 ] From October 2020, X’s placement in the fourth foster home offered her the stability that was needed to start working on the reintegration with the parents. [ 14 ] In May 2020, X expressed to her DYP worker that she wanted to go back to live with her parents on a permanent basis. Between October 2020 and May 2021, the gradual reintegration with the parents went well.

X was happy with the weekends she spent with her parents. [ 15 ] Unannounced visits to the parents’ house were satisfactory and the length of the visits were extended to include week days. [ 16 ] Since the last court hearing, the parents have mobilized themselves and they have taken the necessary steps to improve their situation. They collaborate with the DYP and they have involved themselves in the life of their child.

They helped the DYP in searching for a good foster home and they properly took care of X’s medical follow up. [ 17 ] This clearly demonstrates that the parents care for their daughter, that they love her and that they want the bests for her. It also shows that they have adequate parental abilities. [ 18 ] That being said, the youth has experienced multiple foster homes in her past. She was also entrusted to a group home.

The parents had many difficulties in the past and they were not, at the time, able or willing to make the necessary changes. [ 19 ] But their situation and attitude changed for the better during the last measure. [ 20 ] The evidence demonstrates that they have clearly decided to get involved, to collaborate and to change their lives in ways that now make them capable of offering the safe environment needed by their daughter. [ 21 ] The level of improvement of the parents and their level of collaboration allows the DYP to ask the Court to entrust the child to them, with follow-up by the Director to ensure that the situation continues to improve. [ 22 ] Since the maximum placement period has been reached for X, the Court really hopes that this reintegration with the parents, and the follow-up the Court will order to support them, will be the last Court intervention in X’s life.

FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the application; [ 24 ] REVISES the decision or order rendered on September 11, 2020; [ 25 ] DECLARES that the security and development of the youth are still in danger; [ 26 ] ORDERS that the youth remains with the parents; [ 27 ] ORDERS that the youth and the youth’s parents take an active

part in the application of any measures ordered by the Court; [ 28 ] ORDERS that the parents report periodically to the Director on the measures they apply in their own regard to put an end to the situation of endangerment; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family, until June 30, 2022; [ 30 ] ORDERS the DYP to take all the necessary steps to have the youth evaluated for ADHD as soon as possible; [ 31 ] ORDERS that the youth receives all the medical services, including psychological services, that her situation requires; [ 32 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out; [ 33 ] ORDERS the police to collaborate in enforcing this judgment; [ 34 ] The whole until June 30, 2022. __________________________________ CHRISTIAN LEBLANC , J.C.Q.

Mtre Justine Carli, counsel for the Director of Youth Protection Mtre Angele Tommasel, counsel for the child Mtre Michael Pereira, counsel for the mother Mr. B, father, not represented

Date of hearing: October 6, 2021