2017 QCCQ 10347, 2017 QCCQ 10347

Protection de la jeunesse — 174406 2017 QCCQ 10347 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032702-177 DATE : July 19, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2005 child and A mother ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on July 19, 2017. [ 2 ] The Director of Youth Protection (the Director) alleges that the child has serious behavioural disturbances: aggressive behaviours, throwing tantrums, suicidal ideations, and inappropriate sexualized behaviours. [ 3 ] On June 20, 2017, the Tribunal ordered the provisional compulsory foster care of the child in a rehabilitation centre. [ 4 ] Today, the Director recommends that the child be entrusted to the care of Ms.

B (her maternal grandmother) and that support measures be ordered for a period of one year. [ 5 ] The mother, the grandmother and the child are all in agreement with the proposed measures. Question in litigation [ 6 ] Are the proposed measures respecting the child’s best interest and her rights?

Context and Analysis [ 7 ] On July 2, 2015, the parties agreed to sign a Voluntary Measures Agreement for the family to receive intensive follow-up from the Family Preservation Program for a period of six months. [ 8 ] During this period, the mother disengaged and a new set of Voluntary Measures Agreement was signed on December 21, 2015, entrusting the child to the care of her aunt’s foster family, Ms. C for a period of one year. The aunt reported that the child continued to have behavioural difficulties at home and at school. [ 9 ] On April 27, 2016, Ms.

C recognized that she used the belt to discipline the child. Consequently, the child was transferred to a rehabilitation centre. On May 2, 2016, the mother signed a new Voluntary Measures Agreement for the child to remain in a rehabilitation centre for a period of five weeks.

[ 10 ] On June 6 and August 16, 2016, the Voluntary Measures were extended eventually until June 30, 2017. [ 11 ] During that time, the child’s maternal grandmother, Ms. B acted as the child’s primary caregiver. [ 12 ] Staff from Colton Group Home reported that, over time, the defiant and disrespectful attitudes of the child improved. Despite the noted progress, it was noted that the child was involved in two behavioural incidents that were sexually suggestive in nature.

In February 2017, the child was found trying to strangle herself with a rope. [ 13 ] The child recently voiced suicidal ideations in school. [ 14 ] The child has benefitted from Art Therapy and Yoga at the Group Home. Since the summer of 2016, the child also benefitted from a follow up with a psychologist. [ 15 ] The maternal grandmother observed that the child has made great improvement since her placement in a rehabilitation centre. She feels confident that the child should be integrated into her care.

The child has a strong bond with her grandmother and wishes to live with her. [ 16 ] A process is underway for the maternal grandmother to be recognized as a foster family for the child. [ 17 ] On May 23, 2017, the mother signed a special consent for adoption in favor of the maternal grandmother. THEREFORE AND FOR THESE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security or the development of the child is endangered (

section 38

f) of the Youth Protection Act ); [ 20 ] ORDERS that the child be entrusted to the care of Ms.

B, maternal grandmother; [ 21 ] ORDERS the maternal grandmother to ensure that all family members refrain from using any form of physical discipline and/or verbal denigration towards the child; [ 22 ] TAKES NOTE that a Special Adoption Consent was signed by the mother on May 23, 2017; [ 23 ] STRONGLY RECOMMENDS that the child follow up with the CLSC and continue to receive support services for as long as deemed necessary; [ 24 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family; [ 25 ] THE WHOLE for a period of one year; [ 26 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Signed on July 24, 2017 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Marc Morin Counsel for the child Mtre Judith Shapiro-Knight Counsel for the mother Mtre Robert Hamel Counsel for the maternal grandmother Date of hearing: July 19, 2017