2017 QCCQ 20162, 2017 QCCQ 20162

Protection de la jeunesse — 1710538 2017 QCCQ 20162 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-030162-150 Date: October 6, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2006 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 6, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision of an order rendered by the undersigned, on November 10, 2015, whereby the now eleven year-old child, X , was entrusted to a rehabilitation center until April 8, 2016 with a possible reintegration to his parents’ care beginning February 10, 2016 with aid, counsel and assistance, for a period of one year. [ 3 ] The Court was also presented with similar motions regarding the child’s siblings whose situations are addressed in separate judgments. [ 4 ] The facts alleged in support of the Motion for revision dated August 31, 2016, are as follows: 3.1. the child’s behaviour has remained very challenging both in placement, in school and at home; 3.2. the child is defiant, and does not respect parental authority; 3.3. the parents feel that the child requires one on one attention which they are not able to provide given there are three (3) siblings in the home and the mother is expected to give birth in about three (3) weeks; 3.4. the maternal grandmother, Ms.

C, who lives in City A, [Province A] is willing and able to receive the child; 3.5. arrangements have been made for the child to attend school in City A, [Province A]; 3.6. the child expresses the wish to return to live in [Province A] where he previously resided (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, and given significant progress since the date of the motion, the Director recommends that the child remain entrusted to his parents, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 6 ] The mother, assisted by Me Lefebvre, admitted most of the alleged facts and consented to the proposed measures.

[ 7 ] The father, assisted by Me Cloutier, also admitted most of the alleged facts and consented to the proposed measures. [ 8 ] Me Benoit, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 9 ] The Director filed Exhibits D-6 to D-10 as evidence: D-6: Court Report, written by [Social Worker 5], dated September 19, 2016; D-7: Addendum, written by [Social Worker 1], dated March 31, 2017; D-8: Addendum, written by [Social Worker 1], dated June 14, 2017; D-9: En liasse, school report concerning X, signed by [Social Worker 2] on March 20, 2017 and by [Social Worker 3] on February 2, 2017 (filed under

article 292 C.C.P.); D-10: Addendum, written by [Social Worker 1], dated September 18, 2017. [ 10 ] In

summary, the parents acknowledge the child’s difficulties and the need for ongoing support services following his return to their care at the end of July 2017. [ 11 ] As described in the most recent Addendum to the Court Report , the parents have shown an increased willingness to collaborate with the workers, with positive results: After the August 28 meeting, it is felt that there is a better understanding on the part of both parties and Ms. A is now open to working more willingly with Youth Protection, especially with the educator, Ms. [Social Worker 4].

On September 5, 2017, Ms. [Social Worker 4] was able to spend time with the family without issue and she was able to support Ms. A in asserting her parental authority with X. Ms. A was open and receptive to suggestions. Again, on September 11, 2017 Ms. [Social Worker 4] met with Ms. A in her home. All of her children and Mr. B were present as well. Ms. A stated that the children were sick and that X will be starting school on September 12, 2017. Ms. A was very collaborative and forthcoming regarding some of her concerns and obstacles that she is facing.

She was very open and collaborative and has agreed to continue working with Ms. [Social Worker 4] on a consistent basis. As the family is working towards re-establishing their equilibrium, especially since X’s return, it is recommended that the Department of Youth Protection continues its involvement to help Ms. A to assert her parental authority as well as helping X transition into a new school. [2] [ 12 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 15 ] ORDERS that the child be entrusted to the care of his parents; [ 16 ] RECOMMENDS that the parents take steps to address their personal issues and report their progress to the Director of Youth Protection; [ 17 ] ORDERS that the parents continue to use appropriate means of discipline with the child and refrain from using physical discipline; [ 18 ] ORDERS that the parents ensure that the child’s medical needs are met in a timely fashion; [ 19 ] AUTHORIZES the Director of Youth Protection to exchange information with the professionals involved with the child and the family; [ 20 ] ORDERS that the parents collaborate with the Director of Youth Protection and attend meetings as required; [ 21 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A 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 of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 23 ] THE WHOLE for a period of six months.

Signed on November 9, 2017

TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Christian Benoit Attorney for the child Me Josée Lefebvre Attorney for the mother Me Francis Cloutier Attorney for the father TD/vl