2019 QCCQ 10028, 2019 QCCQ 10028

Protection de la jeunesse — 1911102 2019 QCCQ 10028 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-031000-169 Date: November 5, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2007 [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 November 5, 2019, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on November 12, 2018, whereby the now twelve year-old child, X , was entrusted to the foster home of his paternal grandmother with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for extension dated August 7, 2019, are as follows: 3.1. the child remains in the foster home of his paternal grandmother, Mrs.

C where his overall needs are being met; 3.2. the child continues to be seen by a psychiatrist; 3.3. in January 2019, the child was prescribed a low dose of Risperdal and, since then, has had a positive change in his behaviour; 3.4. the child attended School A and is slated to begin high school (Diversified Path to Learning Program at [School B] in September 2019; 3.5. the child continues to be on a waiting list for him to attend School C; 3.6. the father remains incarcerated; 3.7. the child has daily telephone contact with the father and had gone to see the father a few times since his incarceration; 3.8. the mother’s situation has largely remained unchanged, more particularly but not restrictively in that:

a) the mother continues to struggle with substance abuse;

b) in February 2019, the mother presented herself to the paternal grandmother’s home under the influence;

c) on that date, the mother became upset with the paternal grandmother’s partner which led for her to throw a glass cup at the partner which resulted in the latter obtaining a cut in his hand and an artery being severed;

d) the mother continues to denigrate the paternal grandmother in the presence of the child;

e) the mother has not engaged in receiving services to address her personal issues; 3.9. the mother has not seen the child consistently and remains, mostly, in Town A, [Province A]; 3.10. more recently, the child expresses not wanting to have any contact with the mother; 3.11. the mother has disengaged from the intervention and refuses to give her coordinates to the case worker; 3.12. neither parent is in a position to resume the care of the child; 3.13. the paternal grandmother, Mrs.

C remains committed to the child long term; 3.14. the child requires, at this point in time, a permanent plan (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to the foster home of his paternal grandmother, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority. [ 5 ] The mother was absent at the hearing. The worker testified that she spoke to the mother and sent her a letter to remind her of the hearing date.

The child’s paternal grandmother also testified that she spoke to the mother on the night before the hearing and that the mother told her that she did not wish to speak to anyone involved in the situation. Under the circumstances, the Court proceeded in her absence. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, remains incarcerated and participated by videoconference.

He admitted all the allegations and consented to the proposed measures. [ 7 ] The child, assisted by Me James, also approved of the proposed measures. [ 8 ] The Director filed Exhibit D-6 as evidence: D-6: 95 Court Report, signed by [Social Worker 1], dated July 30, 2019. [ 9 ] In

summary, neither parent is in a position to have the child entrusted to their care, nor is there any indication that they may be able to do so in any reasonably foreseeable timeframe. [ 10 ] The child’s paternal grandmother remains committed to meeting all his needs on a long term besis. [ 11 ] A CRDI worker has finally been assigned to provide the family with much needed support.

A speech therapy referral has been made and the next step will be to help the child with social skills. [ 12 ] The child’s father is still incarcerated yet continues to have regular contacts with his son through daily phone calls and monthly visits. [ 13 ] The child’s mother continues to be unstable.

She has had no contact with her son between April and October 2019. [ 14 ] However, despite the prolonged absence, contacts have recently resumed in October and have reportedly gone well. [ 15 ] The child’s grandmother does not oppose contacts and appears to prioritize her grandson’s needs. [ 16 ] Under the circumstances, a permanent plan is required to ensure that the child benefits from the stability and continuity of care to which he is entitled. [ 17 ] Consequently, given the evidence and the consent expressed by the child and his father, the Court is satisfied that the application is well-founded and that the recommendations are in the child’s interest.

THEREFORE, THE COURT: [ 18 ] GRANTS the application; [ 19 ] 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: [ 20 ] ORDERS that the child remain entrusted to the foster home of his paternal grandmother, Ms.

C; [ 21 ] ORDERS that the frequency and modality of contacts between the child and his father be determined by the Director of Youth Protection, including supervision if deemed necessary, for as long as the father remains incarcerated; [ 22 ] Should the father be released, ORDERS that the frequency and modality of contacts between the child and his father be determined by agreement between the Director, the father and the paternal grandmother, taking into account the wishes and interests of the child;

[ 23 ] TAKES JUDICIAL NOTICE regarding contacts between the father and his son that telephone contacts occur daily and that, for the time being, the child has been able to visit his father in detention once a month and occasionally twice a month; [ 24 ] ORDERS that the frequency and modality of contacts between the child and his mother be determined by agreement between the Director, the child’s paternal grandmother as well as the child, including supervision if deemed necessary; [ 25 ] TAKES JUDICIAL NOTICE that following a period without any contact between April and October 2019, contacts between the child and his mother have resumed in the grandmother’s home and apparently occur without incident and without any negative reactions on behalf of the child; [ 26 ] TAKES JUDICIAL NOTICE that the child will begin to receive services from DCRDI; [ 27 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents and granted to the paternal grandmother, Ms.

C, regarding any consents required for the child’s health care services, school services, passport application as well as travel and social activities; [ 28 ] RECOMMENDS that the parents take steps to resolve their personal issues; [ 29 ] ORDERS that the Director of Youth Protection be authorized to obtain and share relevant information with professionals working with the family regarding participation and attendance; [ 30 ] 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; [ 31 ] 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; [ 32 ] THE WHOLE until he reaches the age of majority, on [...], 2025.

Signed on November 19, 2019 TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Luce James Attorney for the child TD/vl