2015 QCCQ 17749, 2015 QCCQ 17749

Protection de la jeunesse — 155673 2015 QCCQ 17749 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000402-120 DATE: October 6, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...], 2008 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] On January 9, 2014, the Court entrusts the child to his foster family until he reaches his majority. He is then stable in the foster home where he has been living for two years. At the time, the parents cope with serious personal issues, notably addictions. They are not constant in visitations with their son, to say the least.

The situation does not permit to foresee the child returning home to either parent and his life project is to grow up in his foster family. [ 2 ] Unexpected events take place a few months ago and make it necessary to revise the last Court order. [ 3 ] Last June, a physical altercation occurs between the foster father and another youth entrusted to the foster family.

The situation appears very serious and, even though he is not submitted to violence, X is moved to another foster home on the same day. [ 4 ] A police investigation is conducted and the foster father is charged with assault towards the other youth. [ 5 ] Meanwhile, X was not able to adapt to the new foster family. His behaviour is too much to handle and they ask that he leaves.

The child shows some behaviour issues in the foster family, he notably takes a lighter and threatens to burn a car on one occasion. [ 6 ] The youth protection delegate is concerned about the child’s need for stability and a secure environment. The parents’ situation remains unchanged and they have very little contacts with their son, if any. The child needs a foster family who will be willing to take care of him, deal with his behaviour and answer his needs, on the long term. [ 7 ] Lately, a new foster family was identified and the child moved in with them two weeks prior to the hearing.

The foster father is the son of the former foster family. The child has known him for a significant length of time and considers him as an older brother. There is also a strong bond between X and the foster family’s children. The new foster parents are emotionally attached to the child and looking at keeping him long term. They are aware of all his behaviour. [ 8 ] Time will tell if the child can take root in this new environment and if the foster family can provide him with long term stability.

WHEREFORE, THE COURT: [ 9 ] GRANTS the petition for revision of order; [ 10 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 11 ] ORDERS that the child be entrusted to a foster family designated by the director of youth protection until June 30, 2016; [ 12 ] RECOMMENDS that the parents remain actively involved in their son’s life through visitation, scheduled upon agreement and supervised by the director of youth protection as long as deemed necessary; [ 13 ] RECOMMENDS that the parents participate in a drug/alcohol assessment and treatment if deemed necessary; [ 14 ] RECOMMENDS that the mother present herself for medical laboratory drug testing; [ 15 ] RECOMMENDS that the child and his family benefit from working with an external educator to deal with parenting issues; [ 16 ] RECOMMENDS that the parents benefit from anger management; [ 17 ] WITHDRAWS from the parents the exercise of their parental authority with regards to the authorizations to be given concerning the routine or urgent health services, the social, academic, extra-curricular activities and to obtain a passport, a social insurance card, or any other legal paper that the child may need and DELEGATES such authority to the director of youth protection of the Centre intégré de santé et de services sociaux A, in concert with the foster parents; [ 18 ] ORDERS that the parents actively participate in the ordered measures intended to put an end to the situation of endangerment; [ 19 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until June 30, 2016; [ 20 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Hugo Caissy for the child Mrs. A the mother (absent) Mr. B the father (absent) Date of hearing: September 30, 2015