2017 QCCQ 19979, 2017 QCCQ 19979

Protection de la jeunesse — 1710350 2017 QCCQ 19979 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001528-121 DATE: October 25, 2017 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2012 CHILD ______________________________________________________________________ [SOCIAL WORKER 1], Y outh Protection Worker, duly authorized by the Director of Youth Protection A APPLICANT AND A MOTHER ______________________________________________________________________ JUDGMENT (

Section 95 of the Youth Protection Act CQLR 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 ] The Director of Youth Protection submits a motion asking the Court to review a judgment rendered by Judge Denyse Leduc, J.C.Q., on December 5, 2013, ordering the placement of X in a foster family, namely the one of B and C, and this, until the child reaches the age of majority. [ 2 ] For the hearing, the mother, present, is represented by Mtre. Marie-Josée Ayoub. Mtre. Yan Massé acts on behalf of the child and Mtre.

Adelia Ferreira represents the applicant. [ 3 ] On May 17, 2017, the child was removed from the foster family under immediate protective measures; these measures were extended by the Court on May 23, 2017. [ 4 ] That transfer was caused by a report made to the Director of Youth Protection stating that the foster mother physically abused one of the foster children. [ 5 ] It appears that a child, also fostered in this home, was repeatedly sexually abused by the foster parents’ biological son, the last incident in April 2017.

The foster child stated that he disclosed the situation to the father of the foster family during the Goose Break . The foster father kept the information to himself and never contacted the Youth Protection Worker. [ 6 ] X has developmental delays.

The child was assessed by a pediatrician who wrote as impressions (D-3): 1) Global developmental delay – At risk for Foetal Alcohol Spectrum Disorder Primarily severe speech delay and fine motor delay Decreased socialization 2) Behavioural challenges – Aggressivity 3) Complex psychosocial circumstances […] [ 7 ] From the revision report filed in evidence, it appears that the situation of the mother remains the same and she cannot take charge of the child.

[ 8 ] The Director of Youth Protection asks the Court that X be entrusted into a specialized setting where he can receive all the medical and social services required by his situation. This body is called “Partners in Parenting Program” and is located in Ottawa.

They have foster families of their own with the presence of educators. [ 9 ] The mother is in agreement with such a placement and asks the Court to be allowed to visit her child at least four times a year. [ 10 ] With the admissions made by the parties, the revision report, and the assessment reports filed, the Court comes to the conclusion that it is in the best interest of the child to be placed in such an institution. [ 11 ] FOR THESE MOTIVES, THE COURT : [ 12 ] GRANTS the motion; [ 13 ] REVIEWS the judgment rendered by Judge Denyse Leduc on December 5, 2013; [ 14 ] MAINTAINS that the security and development of X, are still endangered; [ 15 ] ENTRUSTS the child, X, to the “Partners in Parenting Program” organization (Ottawa) for a period of one year; [ 16 ] ORDERS that aid, counselling and assistance be provided to the child and the mother for the same period; [ 17 ] ORDERS that certain parental attributes be withdrawn from the mother (if she cannot be reached in a timely manner) and AUTHORIZES the Director of Youth Protection give these authorizations (medical care, social services, and school authorizations) to be exercised in the best interest of X and that the mother be informed of any decision made by the Director of Youth Protection; [ 18 ] ORDERS that the child receive all medical care and social services needed by his situation; [ 19 ] ORDERS any service providers to the child or to the family to share information with the Director of Youth Protection; [ 20 ] ORDERS that access rights between the mother and the child be supervised by the Director of Youth Protection as for the modalities, the frequency should be at least once a month; the mother will be provided with a

schedule and the transportation will be provided to her by the Director of Youth Protection; [ 21 ] ORDERS any police force to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 22 ] ENTRUSTS the child’s situation to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q. Mtre. Adelia Ferreira DYP A Lawyer for the applicant Mtre. Yan Massé Centre communautaire juridique A Lawyer for the child Mtre. Marie-Josée Ayoub Lawyer for the mother Date of hearing: September 6, 2017