2017 QCCQ 18263, 2017 QCCQ 18263

Protection de la jeunesse — 178505 2017 QCCQ 18263 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-030615-157 DATE : September 11, 2017 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [...], 2005 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ 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 measures ordered on June 29, 2016, maintaining the child X in a rehabilitation centre along with a social follow-up for one year. [ 2 ] Essentially, the Director alleges that the child is making substantial progress in placement whereas the parents’ personal situations have not evolved in any significant manner.

The father continues to be uninvolved in his son’s life while the mother’s personal issues remain unresolved. Moreover, she is generally inconsistent with visits and her participation in the social follow-up fluctuates. [ 3 ] Consequently, the Director is recommending that the child remain in a rehabilitation centre capable of dealing with his special needs (autism, ADHD and a severe language delay) until the age of majority. [ 4 ] Both parents are absent despite having been served personally. [ 5 ] The child’s lawyer is in agreement with the Director’s position.

The situation [ 6 ] The evidence can be summarized as follows: [ 7 ] The child is doing well in his current resource and is making gains in relation to his overall functioning. Currently, the staff is working on his daily living skills and progress is being observed. [ 8 ] Although his behaviour has been relatively stable, the child has suffered from a certain amount of anxiety recently, possibly resulting from the fact that there is less structure over the summer months.

The social worker is monitoring the situation and will consult a psychologist if required. [ 9 ] The mother’s participation in the social follow up has been mitigated at best with no significant progress. Although she states that she’s been working on her personal issues (drug consumption, instability), she has provided no concrete evidence to that effect. Her lack of transparency remains an issue and concerns regarding her lifestyle have not diminished. [ 10 ] With the child, the mother tends to be inconsistent with visits but has recently demonstrated more stability. The child appreciates these contacts.

Currently, the mother has the opportunity to see her son on average every two weeks. In order to

accommodate the mother, the modalities are flexible subject to notice and approval by the Director. [ 11 ] The relationship between the mother and the maternal grandmother is gradually improving and the latter maintains regular contact with the child. [ 12 ] UNDER THE CIRCUMSTANCES, [ 13 ] CONSIDERING the child’s progress in his current setting; [ 14 ] CONSIDERING that the parents’ situations has not evolved in any significant manner; [ 15 ] CONSIDERING the child’s right to continuity of care, stable relationships and stable living conditions corresponding to his needs on a permanent basis; [ 16 ] THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and the development of the child continue to be endangered; [ 19 ] ORDERS that the child remain in a rehabilitation center; [ 20 ] TAKES JUDICIAL NOTICE that the child reside in a ressource intermédiaire in the DI network; [ 21 ] ORDERS that the frequency and modality of contacts between the child and his parents as well as his maternal grandmother be determined by the DYP; [ 22 ] RECOMMENDS that the mother address her personal issues and report to the Director as to her progress; [ 23 ] AUTHORIZES the Director to obtain and share relevant information with involved professionals; [ 24 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents namely for educational, extra-curricular activities and medical purposes as well as vacations including passport and GRANTS this exercise to the DYP; [ 25 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 26 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 27 ] THE WHOLE until the age of majority.

SIGNED IN CITY A On September 25, 2017 __________________________________ KAREN OHAYON, J.C.Q. Me Myriam De Blois Attorney for the D.Y.P. Me Michèle Robidoux Attorney for the child Date of hearing: September 11, 2017 KO/lf