2022 QCCQ 11239, 2022 QCCQ 11239

Protection de la jeunesse — 223024 2022 QCCQ 11239 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division»

N° : 755-41-003433-219 DATE : April 14, 2022 ______________________________________________________________________ PRESIDED BY : THE HONORABLE MARIO GERVAIS J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker duly authorized by the Director of Youth Protection A, Applicant -and- X, born on [...], 2006 Child-respondent -and- A Mother-respondent -and- B Father-respondent ______________________________________________________________________ J U D G E M E N T Sections 95(1) & (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 offence and is liable to a fine. [sections 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) petitions the Court with an application for revision and extension of a Court decision in the matter of the child X , aged 15. [ 2 ] The original Court decision, rendered on August 30 th , 2021, declares that the security and the development of the child are in danger for reason of neglect on educational level from her mother. [ 3 ] At that date, the child is entrusted to a foster family with the social follow-up of the Director for a period of six months. [ 4 ] In support of its application for revision and extension of a Court decision, the Director mainly alleges that the situation is evolving positively but needs to be consolidated before a familial reintegration of the child. [ 5 ] The Director recommends the renewal of the existing Court decision until August 31 st , 2022.

Position of the parties [ 6 ] The parties are absent. They have signed a non-attendance agreement to an uncontested hearing in order to proceed on an

expedited basis. [ 7 ] At the hearing, counsel for the Director and the child reiterated their client's respective consent to the proposed measures.

Evolution of the situation and Analysis [ 8 ] The situation is known to the Director who has intervened with the family in the context of two voluntary measures enforced from November 13 th , 2019 to August 11 th 2021, followed by the Court decision rendered on August 20 th , 2021. [ 9 ] In accordance with the last Court decision, the child resides in a SRSOR foster family that provide her with a healthy, stable and coherent environment. [ 10 ] The child evolves positively in her foster family such as: ➢ She as adapted well to her foster family; ➢ She participates to in family life; ➢ She’s expressing being happy at that resource. [ 11 ] The child, who has a history of suicidal attempts and self-mutilation, as not committed such actions, but has experienced suicidal thoughts that led to her hospitalisation in September and November 2021. [ 12 ] The child is diagnosed with autism spectrum disorder, but remains overall functional.

She also suffers of anxiety. She is undergoing an evaluation for a possible ADHD. [ 13 ] The child benefits of a pedopsychiatric follow-up. Medication is prescribed to reduce her anxiety and help her sleep. [ 14 ] As for the mother, let’s reiterate that she is a courageous woman who has three children with special needs. There are numerous appointments to attend and the burden of responsibilities is heavy.

She regularly has to make sacrifices. [ 15 ] The mother had a follow-up from an educator of the CLSC that ended mostly because of her non-attendance to many of her appointments. [ 16 ] Still, the mother is involved with the social follow-up offered by the Director and a educator from the [organism A]. The main goals for the mother is to work on herself and to improve her parental skills. Progress have been accomplished by the mother. [ 17 ] Relationship between the mother and the child has improved. They have established a better communication.

Contacts occurred every weekend and text messages are exchanged every day. [ 18 ] Finally, the Court agrees with the analysis of the Director of the situation [1] : At this moment, we feel it would be in the best interest of X to stay entrusted to the foster family. We feel that the relationship and the dynamic between her and her mother is still very fragile and that she is still very vulnerable to it. We have to consider that it was mentioned that her suicidal distress may have been directly linked with her family’s instability.

Even if it’s improving, the relationship between X and her mother is still challenging. They frequently make each other react in a negative way. We do not question at any time the mother’s love for her daughter however, the mother must change her perspective on parenting. She needs to take her parental role in order to reassure X and mentor her in a caring and benevolent authority. She has to learn to adapt her interventions towards her daughter and for that she will first have to develop means to regulate her own emotions.

It is to be noted that we begin to observe a positive evolution in that matter and we feel confident that the educator’s collaboration will help to improve the situation, mostly in regards of X’s specific needs. […] On her part, X will continue to work on her emotion regulation and finding means to replace the inadequate and dangerous strategies that she tends to use. She will also work on her misperceptions and on her interpersonal interactions.

We consider that she benefits from services with the SRSOR that will help her achieve those goals and help her thrive. [ 19 ] After having received the admissions and the reports produced, the Court concludes that the security and the development of the child are in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and the development of the child X are still in danger; [ 22 ] REVISES AND EXTENDS the Court order rendered on August 20 th , 2021; [ 23 ] ORDERS that the child be entrusted to a foster family chosen by the Director of Youth Protection A; [ 24 ] ORDERS that the contacts between the child and her parents be set upon agreement between the parties; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and her family;

[ 26 ] ORDERS that the child and her parents take an active

part in the application of the measures ordered; [ 27 ] ORDERS that the child and her parents report periodically to the Director to inform her of the evolution of the situation ; [ 28 ] ORDERS that the child receive a psychiatric follow-up as long as deemed required by the professional; [ 29 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 30 ] THE WHOLE, until August 31 st , 2022. ________________________________ Mario Gervais, J.C.Q. M e Pascal Boucher Attorney for the Director M e Lucie Gaucher Attorney for the child M e Alexandre Niquette Attorney for the mother Date of signature: April 21, 2022