2022 QCCQ 12079, 2022 QCCQ 12079

Protection de la jeunesse — 227113 2022 QCCQ 12079 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division Nos: 640-41-002669-213 640-41-002670-211 DATE: October 18, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTERS OF: X, born on […], 2017 Y, born on […], 2015 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection A Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION ( sections 95(1) (2) and 75 Youth Protection Act , CQLR., c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection applied under s. 95 of the Youth Protection Act [1] for the extension of a decision rendered on July 15, 2021, by Honourable Lucie Godin, J.C.Q.

At that time, she declared that the security and development of the children are in danger under sections 38(b)(1)(iii) and 38(

c) of the Youth Protection Act . She ordered that the children be entrusted to a foster family until July 15, 2022. [ 2 ] The Director asks that the children be entrusted to a foster family for a period of six (6) months. The parents admit that the security and development of the children are still in danger and agree with the suggested measures. Counsel for the children stated that the suggested measures meet the children’s needs and that they are in their best interest. [ 3 ] The following facts were introduced in evidence. [ 4 ] The mother currently has follow-up with social services.

She has reduced her alcohol consumption and she is more involved in the children’s lives. The mother still needs to improve her situation before the children can be returned to her care. Her cooperation with Youth Protection has improved since the last judgment. The mother took many steps to address her issues. She is a victim of severe conjugal violence. After the father was arrested and detained, the mother made some improvements in her lifestyle. Since January, the mother has been more cooperative with Youth Protection. She is available and polite. She takes an active

part in follow-up with social services, and she shares her personal thoughts with her social worker. The mother is actively involved in the meetings. She works full- time at the post office, and she has been more consistent and present during contact with her children. She worked on her consumption and reduced it. The mother suffers from post-traumatic stress disorder and traumas to the head. In April 2022, Dr. Ptito, neuropsychologist, said that it would be possible to return the children if the mother receives medication and the services needed to support her with her parental capacities.

It would have to be a gradual reintegration. The mother is able to meet the needs of her children, spends positive quality time with them, and asks for support when needed. [ 5 ] The situation of the father remains the same. He physically assaulted the mother once around August 25, 2022, and again around March 12, 2022. He has been detained since the last incident. His collaboration with Youth Protection is minimal.

He called Youth Protection once, in November 2021, to say that he wanted his children back with him, but since then, he has not reached out to Youth Protection. [ 6 ] Both children are developing well with the current foster family and they both have special needs and require specific services.

Both children were evaluated by the psychologist Dr. Joseph Beltempo. [ 7 ] X was described as emotionally immature and shy. She is also socially immature, which is due to the traumas she has been through, mainly the neglect and the violence she witnessed between her parents. She shows insecurity regarding attachment and social- emotional development. She shows delays in language. The psychologist recommended follow-up with an art therapist, a psychologist or a psychotherapist who has experience with attachment disorders. He also added a speech therapy evaluation and focused trauma therapy.

The Youth Director has already taken the steps to put those services in place. [ 8 ] Y was described as shy, introverted and anxious. He is socially and emotionally immature, which is due to the traumas he suffered, mainly the neglect and the violence he witnessed between his parents. He shows insecurity regarding attachment and social- emotional development. He shows delays in language and cognitive development. The psychologist recommended a neuropsychological assessment as well as follow-up with a psychologist or a psychotherapist who has experience with attachment disorders.

He also added a speech therapy evaluation, and focused trauma therapy through art therapy sessions. The Youth Director has already taken the steps to put those services in place. [ 9 ] The maximum placement period has been reached for both children.

It is in their best interest that we extend the delay, considering that returning the children to the family environment is contemplated in the short term. [ 10 ] After taking into consideration the documentary evidence, the testimony and the positions of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are still in danger and that the measures suggested meet their needs and are deemed to be in their best interest.

FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the applications for extension; [ 12 ] EXTENDS the decision or order rendered on July 15, 2021; [ 13 ] DECLARES that the security or the development of the children are still in danger under sections 38(b)(1)(iii) and 38(

c) of the Youth Protection Act ; [ 14 ] ORDERS that the children be entrusted to a foster family, chosen by the institution operating a child and youth protection centre, until April 30, 2023; [ 15 ] ORDERS that the children be gradually reintegrated under the care of the mother, as soon as the situation allows; [ 16 ] ORDERS that the children and the children’s parents take an active

part in the application of any of the measures ordered by the Court; [ 17 ] ORDERS that the children and the children’s parents report in person, at regular intervals, to the director to inform him of the current situation; [ 18 ] ORDERS that the mother has at least one (1) visit in person per month with her children, on condition that she have four (4) consecutive visits with her children, by videoconference that is, one (1) per week within one (1) month, and that she complies with the terms of contact; [ 19 ] ORDERS that the parents seek help through Social Services concerning their alcohol, drug and personal issues; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 21 ] ENTRUSTS the situation of the children, Y and X , to the Director of Youth Protection A., who shall then see that the measures are carried out; [ 22 ] ORDERS the execution of the present judgment by any peace officer; [ 23 ] The WHOLE until April 30, 2023 . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Adèle Cyr Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Cassandra Neptune Legal Aid Counsel for the children Mtre Angèle Tommasel Counsel for the mother

Mtre Elizabeth Pouliot Counsel for the father Date of hearing: October 18, 2022