2022 QCCQ 3146, 2022 QCCQ 3146

Protection de la jeunesse — 221669 2022 QCCQ 3146 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division»

N° : 505-41-009416-191 DATE : March 18, 2022 ______________________________________________________________________ PRESIDED BY JUSTICE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A , Applicant -and- X , born on [...] , 2009 Child -and- C Mother -and- D Father M O D I F I E D [1] J U D G E M E N T Sections 95(1) and (2) of the Youth Protection Act 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 offense and is liable to a fine (sections 11.2.1 and 135 Y.P.A .) [ 1 ] The child is 12 years old. He is entrusted to a rehabilitation centre according to the last order rendered on April 12, 2021. [ 2 ] The Director of Youth Protection (the Director) presents an application for revision and extension of a Court decision. [ 3 ] The Director also petitions the Court with applications for revision and extension in the matter of the child’s sibling Y, Z, A and B .

The parties agree to a joint hearing. [ 4 ] Concerning X , the Director alleges that his security and development are in danger for a situation of serious behavioural disturbances and that he is still in need of rehabilitation. Even though the maximum delay for placement is almost expired the Director recommends that the measures be ordered until October 20, 2022. [ 5 ] The Director is asking for a reduction of contacts with the mother and Mr. E for all the children except for X .

As for the contacts with the father, the Director recommends that the visits take place following the agreement of the parties. [ 6 ] The mother agrees with the recommendations for X . She believes that he should stay in a rehabilitation centre because he is in need of help. [ 7 ] The father wants to regain custody of his children in six months. [ 8 ] The child would prefer to be out of the rehabilitation centre but agrees with the measures. QUESTION AT ISSUE

[ 9 ] Should X remain in a rehabilitation centre for the period proposed by the Director? THE EVIDENCE [ 10 ] Since the last Court orders, the children remained in their respective foster home, except for X who was in a rehabilitation centre. [ 11 ] The child is described as sociable, curious, and creative. He enjoys sports.

The educators observe that he responds well to coherence and consistency. [ 12 ] Following the last Court order, the child had access to a doctor and takes medication for his anxiety and agitation. [ 13 ] X has contacts with his mother every two weeks. [ 14 ] The child still demonstrates inappropriate sexual behaviours. More recently, on December 16, he had this type of behaviour towards another resident. A criminal complaint was filed and the child was met by investigators. Another incident also happened in January 2022. [ 15 ] The child was seen twice by Marie-Vincent for his sexual behaviors.

He has been opening more on his anxiety and traumas. However, since he turned 12, they can no longer give the services and he was referred to the Institute Philippe-Pinel. The waiting list is very long. [ 16 ] The mom did a lot to have a follow-up for her son. Because of her actions, he will receive services from the Centre A ([Centre A]). The mother also testifies that she got a referral for a psychiatric evaluation. [ 17 ] The mother acknowledges that X has seen a lot. She thinks he was probably sexually abused when he was young.

X told that before but he also goes back and forth on this story. [ 18 ] He now resides at the [Unit A] with older kids, and it has a positive impact on him. However, he is on a waiting list at [Centre B] where he will be able to receive a lot of services. He has known four units up to this point. The mother wants him to be transferred at [Centre B]. Visits and situation of the mother and Mr. E [ 19 ] Following the last Court order, the couple continued to live together. [ 20 ] There has been no known police intervention since May 13, 2021.

On that day, the police had then to intervene because of verbal conflicts between the couple. [ 21 ] The mother dropped the charges for domestic violence, consequently no charges were pressed. Mr. E is under house arrest but there is no prohibition of contacts with the mother. [ 22 ] There have been a few changes of social workers since the last Court order. Some of them left for their own safety, considering the aggressivity of Mr. E. [ 23 ] He is described as a very short-tempered person and can have aggressive reactions during meetings with the Director.

Criminal complaints had to be made by the social workers. [ 24 ] When meetings happen, the Director can’t ever assess the situation deeply. The parents never know why they are coming to meet the social workers. [ 25 ] The child has regular visits with his mother and enjoy having time with her. [ 26 ] The mother has a steady job since November 2021. She explains that the social worker does not facilitate the

schedule for the contacts with her children, which make things harder for her. [ 27 ] About Mr. E she explains that she knows that deep down inside, he is a good man and he did what he did to her to help and save her. He is calmer and more attentive. She says he is not verbally and physically aggressive. [ 28 ] She stopped her follow up with the CLSC. She feels she was going in circles and did not have anything to say anymore.

She also stopped getting help from the [Centre C] but mentions that she can call there if she needs help. [ 29 ] Eventually, she would like to do family therapy and blames herself for what happened. [ 30 ] Her long-term goal is to get her kids back. She believes it’s a work in progress and she wants to make sure it’s perfect before it happens. [ 31 ] She wants her children to have a bound together. She also wants to be more involved and considers that she does not get all the information that she should have from the Director. [ 32 ] Mr.

E testifies to the fact that nothing happened since a year and that there is no violence. He recognizes that his children have traumas and PTSD and take responsibility for it. [ 33 ] As for personal help, he does not believe he needs any, since he learns from his mistakes. He adds that he will never touch the mother again. He did it before because he was lost and hurt.

Visits and situation of the father [ 34 ] The father sees his children on a regular basis, under the supervision of the Director. [ 35 ] The Director explains that the father needs to focus on his kids during the visits. He talks a lot about himself, money, friends, or girlfriend. However, he is receptive for ideas to entertain his children. As for example, he once brought homemade spaghetti sauce which X likes. He tries, but is not consistent. [ 36 ] He has difficulty dividing his attention between his two children.

Y often feels left out of the conversations and disappointed after the visits because she does not get enough attention. [ 37 ] The father’s perception is that he did nothing wrong. He always says that he does not understand why he does not have the children.

He does not understand his children’s needs and the impact of what they experienced. [ 38 ] The Director tried to do one visit at the father’s apartment but there were big reactions from the children. [ 39 ] The Director recommends that the visits should happen once a month and that supervision be gradually lifted. [ 40 ] The father testifies that he did everything he was asked to do by the Director. He believes that he should have his kids back in six months.

He considers they would be better at his home. [ 41 ] Should X remain in a rehabilitation centre for the period proposed by the Director? [ 42 ] Even though the delays will soon expire, there is no permanent plan set out for the child. It’s in his best interest to remain for now in a rehabilitation centre since he needs professional help. [ 43 ] The inappropriate sexual conducts correspond to serious behavioural disturbances that put the security and development of the child are in danger. The child should have received more specialized help sooner.

However, principally due to the mother’s actions, he will soon get the support he needs. The Director must make sure that everything is in place for him to have a regular follow-up. [ 44 ] The father needs to accept the situation to better help his son. X will do the same if he understands that his parents also believe that the rehabilitation centre is, for now, the best place for him. [ 45 ] It is in his best interest to be in a secured environment with a structured regime to help him rehabilitate.

After having received the admissions, taken into consideration the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 46 ] GRANTS partially the application; [ 47 ] DECLARES that the security and the development of the child are still in danger; [ 48 ] DECLARES that the security and the development of the child are in danger for serious behavioural disturbance; [ 49 ] REVISES AND EXTENDS the Court order rendered on April 12, 2021; [ 50 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection; [ 51 ] ORDERS that the contacts between the child and his parents be following agreement between the parties and that, in absence of an agreement the contacts be supervised; [ 52 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 53 ] ORDERS that a person working for an institution or body provides aid, counseling or assistance to the child and his family; [ 54 ] ORDERS that the child receives certain health services and more particularly a therapy to help him with his inappropriate sexual behaviour; [ 55 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the measures ordered; [ 56 ] THE WHOLE until October 20, 2022. ________________________________ Mélanie Roy, J.C.Q. Mtre Caterine Caron Attorney for the DYP

Mtre Nancy Côté Attorney for the child Mtre Gisèle Tremblay Attorney for the mother Dates of the hearing : October 20, 2021 and January 31, 2022 Judgment signed on : March 17, 2022