2013 QCCQ 8081, 2013 QCCQ 8081

Protection de la jeunesse — 131599 JL 4031 COURT OF QUEBEC 2013 QCCQ 8081 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-023382-104 525-41-023383-102 525-41-023384-100 DATE : February 27 th , 2013 ______________________________________________________________________ IN THE PRESENCE OF : THE HONORABLE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Director and X born on […], 2009 Y born on […], 2006 Z born on […], 2008 Children And A B Parents ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court hereby gives reasons for the decision rendered further to the hearing held on February 27 th , 2013, as required by

Section 90 of the Youth Protection Act; [ 2 ] The Court is seized of a Motion filed pursuant to

Section 95 of the Youth Protection Act, by a person duly mandated by the Director of Youth Protection A (" the Director" ), to extend an order rendered by the undersigned on January 9 th , 2012, entrusting the children to a foster family, with aid, counsel and assistance and other corrective measures for a period of one year. [ 3 ] More particularly, the Director alleges the following: For X: 3.1. the child remained in the same foster family;

3.2. the child started daycare in January 2012; 3.3. the child has made progress; 3.4. the child went to occupational therapy on two (2) occasions but her file was closed as she did not present any major concerns; 3.5. the child continues to be in a waiting list for a speech assessment because of previous concerns; For Y: 3.1. the child remained in the same foster family and is reported to be doing well; 3.2. the child attends kindergarten at the [Center A]; 3.3. the child underwent an updated speech assessment that shows improvement but the child is still on a below average range compared to same age children; 3.4. the child needs to continue working on confidence and verbal skills; For Z: 3.1. the child remained in the same foster family and is reported to be doing well; 3.2. the child attends daycare and is reported to be doing well; 3.3. the child no longer needs occupational therapy; 3.4. the child was assessed at the [Center A] but his situation does not require any of their services; FOR THE THREE CHILDREN: 3.5-3.6 the parents have maintained regular contacts with the children and said contacts are now unsupervised; 3.6-3.7 the parents are able to make arrangements with the foster parents as to the visits; 3.7-3.8 the parents did not follow through on the recommendations of their respective assessments; 3.8-3.9 the parents underwent four (4) random drug tests and the results were negative; 3.9-3.10 the parents have attended medical appointments for the children; 3.10-3.11 the parents are not in a position to resume care of the children; For Z and Y : 3.11. the foster parents are experiencing some marital difficulties but the foster mother has clearly expressed being committed to taking care of the children on a long term basis; For X: 3.12. the foster parents are committed to taking care of the child on a long term basis; [ 4 ] The Director is recommending that X remain entrusted to a foster family until her age of majority and that Z and Y remain entrusted to a foster family for a period of one year, with aid, counsel and assistance and other corrective measures. [ 5 ] The parents are present, assisted by their respective attorney.

The children are represented by attorney. [ 6 ] The situation is essentially as alleged. [ 7 ] The parents' situation has stabilized quite a bit. They have remained available to attend various meetings and appointments for their children. They have progressed to unsupervised visits with their children. They have collaborated with the DYP and shown themselves to be sensitive to their children's needs. However, they have not followed through on the therapeutic measures needed and ordered by the Court to redress the situation, like parenting courses and couple therapy.

The mother has attempted to set-up individual psychotherapy for herself but ran into some red tape. She would also like to partake in parenting classes, whether the children are with her or not. The DYP agrees to help the mother obtain psychotherapy and parenting classes. The father recently began anger management training (Vivre sans violence). The parents missed two drug tests but the others they did attend came back negative. The mother states that, save one relapse, she has been sober since September 2011. [ 8 ] All three children have done well in their placements and bonded with their foster parents.

They continue to present needs that are met by their caretakers. [ 9 ] X continues to live with Ms C and Mr. D. She is bonded to her foster parents who are committed to caring for her until her majority. Ms C testified to this effect today. The parents agree that X remain entrusted to her current foster parents until majority. The mother explains her agreement by the fact that should she attempt to have X return and fail, X might not be able to return to her current foster home and that this may perturb her.

The mother recognizes that X's current foster home is the one she knows as her and that she receives good care from her foster parents. This said, the parents express every intention of remaining regularly involved in their

daughter's life. [ 10 ] Although the parties agree to placement until majority, they remain open to looking at tutorship for X down the road. For now, this is not an option since there is no agreement on which of the two foster parents would act as tutor. [ 11 ] Z and Y are together. Their foster parents are facing marital issues. Their foster mother, Ms E, remains committed to caring for the boys until their majority. Nonetheless, the parties agree to a one year extension of the court order to monitor the foster parents' marital situation and explore what is the best plan for the children on the longer term.

The mother remains open to the possibility of asking that the children return home she deem this to be in their best interest. [ 12 ] The mother has further expressed the wish to have a different reviewer given that the current one knows the mother from the past. The mother feels that some of the positions taken by the reviewer could be tainted this prior knowledge.

Although the Court cannot order a change in reviewer, the Court will ask the DYP to examine this situation and decide if, under the circumstances, a change in reviewer would not be warranted, particularly since important and possibly contentious decisions regarding all three children are likely to be made in the future. [ 13 ] The children's attorney has expressed being in agreement with the DYP's recommendations with regard to all three children. [ 14 ] The Court is also of the opinion that the measures proposed by the Director are in the interest of the children. [ 15 ] THEREFORE, THE COURT : [ 16 ] GRANTS the Motion for Extension ; and [ 17 ] DECLARES that the security or development of the children is still compromised; [ 18 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES : [ 19 ] ORDERS that X remain entrusted to the foster family of Ms. C and Mr. D until her age of majority, […], 2027; [ 20 ] ORDERS that Y and Z be entrusted to a foster home for a period of one year taking note that the home be of Ms.

E; [ 21 ] ORDERS that the frequency and modality of contacts between the three children and their parents be determined by the DYP until the DYP determines that the contacts can be modulated and agreed upon between the foster parents and parents; [ 22 ] ORDERS that the parents inform the DYP of any steps they have taken to correct their individual and joint issues (i.e. counseling, anger management, substance abuse); [ 23 ] ORDERS that the parents undergo random drug testing upon the request of the worker; [ 24 ] AUTHORIZES the DYP to sign all needed consents pertaining to X if the parents cannot be located; [ 25 ] STRONGLY RECOMMENDS that all efforts be made to have the children maintain contact/visits on a regular basis; [ 26 ] ORDERS the DYP to help the mother find a parenting class; [ 27 ] ORDERS the DYP to help the mother find psychological services; [ 28 ] RECOMMENDS that the DYP look into the possibility of changing the reviewer given the concerns expressed by the mother; [ 29 ] ORDERS a person working for [Youth and Family Centres A] to provide aid, counsel and assistance to Y and Z and the family for a period of one year; [ 30 ] ORDERS a person working for [Youth and Family Centres A] to provide aid, counsel and assistance to X and the family until the age of majority, […], 2027; [ 31 ] ENTRUSTS the situation of the children, X, Y and Z , to the Director of Youth Protection A for the purposes of the execution of this judgment; [ 32 ] ORDERS the execution of this judgement by any peace officer, if necessary; Town A, this 19th day of March 2013 _______________________________________ CLAUDE LAMOUREUX, J.C.Q.

Me Myriam De Blois Attorney for the Director Me Karen Doherty Attorney for the children Me Judith Shapiro-Knight Attorney for the Mother Me Daniel Bouchard Attorney for the father Date of hearing : CL/nl February 27 th , 2013