2021 QCCQ 9720, 2021 QCCQ 9720

Protection de la jeunesse — 214920 2021 QCCQ 9720 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 755-41-003191-197 DATE: April 9, 2021 ______________________________________________________________________ BY THE HONOURABLE CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X, born [...], 2012 Child -and- A Mother -and_ B Father ______________________________________________________________________ JUDGMENT Section 95 (1) 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 (the Director) petitions the Court with an Application for extension of a Court Decision, according to section 95 (1) of the Youth Protection Act , in the matter of the child X. [ 2 ] The hearing of this application is held jointly with the application of Y, born [...], 2010 , according to section 95 (2) of the Youth Protection Act. [ 3 ] The Director alleges that the situation of the child necessitates the revision of the Court Order rendered on July 20, 2020, for the reasons outlined in paragraph 4 of the application. [ 4 ] The Director recommends, as key measures, that the child be entrusted to a rehabilitation center and a follow up until June 30, 2022.

Situation and Analysis [ 5 ] Since the last Court order, Y remains in his foster family and X in the rehabilitation center. [ 6 ] Both children evolve positively in their respective milieu. [ 7 ] The mother is unstable and refuses to collaborate with the intervention: ➢ On March 2021, she is expelled from her apartment.

She is arrested by the police officers, resisting her eviction and refusing to collaborate; ➢ She is now living in a shelter; ➢ She refuses to sign any document or authorization concerning the children, saying that the worker has all the rights now; ➢ She can be ambivalent towards her implication for her children; ➢ She is sometimes confused and incoherent, pretending that people use to get in her apartment, destroying it and drugging her. She also believes that her children are mistreated where they are, although there is no evidence to support that;

[ 8 ] The contacts between the mother and the children are supervised and they are generally positive, although the mother can yell and criticize the worker in front of the children. The mother also misses a few visits, which has a considerable impact on the children, specially Y , who tries to find excuses for her absence. X on his part, shows signs of sadness and anxiety when his mother is late or not showing up.

Even when planning the visit, X is confused, incoherent and lost in time, not understanding the reason for the contact. [ 9 ] A psychological evaluation from school was done for X , revealing a tendency towards ADHD and anxiety. Last fall, a medication was strongly recommended for him by his pediatrician. The mother refused to give her consent, so the Director petitioned the Court on December 23, 2020, who provisionally withdrew the right of parental authority from the mother, concerning the medical authorizations.

Improvement is observed for the child since he is regularly medicated. [ 10 ] X has many needs and shows delays on the cognitive and affective levels. He needs constant support for his routine and is still confused in time, although improvement is observed since his placement. He is attending the NEST program at [School A] and even though he has great difficulty academically, he shows interest in going to school and he is appreciated by the teachers and the students. [ 11 ] As for Y , he is doing well in school, although he needs supervision with his homework and lessons.

He has friends and says he wants to stay at the same school next year. He is shown to be a very resilient child. The foster family is willing to be involved in his life for as long as necessary. [ 12 ] The contacts between the two brothers are positive. [ 13 ] The father contacted the worker in December 2020, asking to be informed and involved with the Director. [ 14 ] Supervised phone calls between the father and the children occurred and eventually physical contacts.

All contacts were positive and a calendar was put in place. [ 15 ] The involvement of the father in the psychosocial follow-up is too recent to allow the children to return to live with him in a close future. The father also admits that he could not receive his children full-time, not having the place and needing to show his collaboration on a long-term basis.

That being said, the father says that he wishes to maintain his collaboration and wants to move in a place where he could eventually welcome his children. [ 16 ] The evidence show the necessity to pursue the Director’s intervention. [ 17 ] The children have seen their situation improve by the stability offered in their respective milieu. [ 18 ] The lack of stability of the mother still has an impact on the children.

As long as the mother does not address her difficulties and refuses to improve her collaboration with the Director, it is impossible to consider returning the children to her, or even increasing the contacts with them. [ 19 ] As for the proposed conclusions, the Court considers they are in the best children’s interest.

FOR THESE REASONS, THE COURT : [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the child are still in danger; [ 22 ] EXTENDS the Court order rendered on July 20, 2020; [ 23 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 24 ] ORDERS that the child receive health and care and health services, namely medication for as long as deemed necessary; [ 25 ] ORDERS that the contacts between the child and his mother be following agreement between the parties in the presence of a third party chosen by the Director, and in the absence of an agreement that they take place once every three weeks; [ 26 ] ORDERS that the mother confirms 24h prior to the contact with the child; [ 27 ] AUTHORIZES the lifting of the supervision of the contacts between the child and his mother following agreement between the parties; [ 28 ] ORDERS that the contacts between the child and his father be following agreement between the Director and the father, including the degree of supervision required; [ 29 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they app l y in t heir own regard or their child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 30 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 31 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the child and his family; [ 32 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform her of their current situation; [ 33 ] WITHDRAWS the exercise of certain rights of the parental authority from the mother and AUTHORIZE S the father to sign

alone the authorizations required for medical, school, recreational and extra-curricular and AUTHORIZES the Director of Youth Protection to sign the said authorizations if the father do not sign them within 48 hours ; [ 34 ] ENTRUST the situation of the child to the Director of Youth Protection A for the execution of the present judgment. [ 35 ] THE WHOLE until June 30, 2022. __________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. M e Pascale Boucher Attorney for the D.Y.P. M e Mylène Sabourin-Simard Attorney for the child Date of hearing: April 9, 2021 Date of the signature: June 2, 2021