2020 QCCQ 11308, 2020 QCCQ 11308

Protection de la jeunesse — 208201 2020 QCCQ 11308 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002299-193 640-41-002298-195 640-41-002300-199 DATE : June 3 rd , 2020 PRESIDED BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. IN THE SITUATION OF : X Born on [...], 2007 Y Born on […], 2008 Z Born on […], 2014 Children [SOCIAL WORKER 1] person duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, district A Applicant and A B Parents JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) JW0168 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.)

INTRODUCTION [ 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 June 3, 2020 . [ 2 ] The Court is seized of three applications presented by the Director of youth protection (DYP), requesting the Court to revise the decision rendered on June 3, 2019, and to declare that the security and development of the children are still in danger as expressed in the motions. [ 3 ] Consequently DYP asks the Court to entrust the children in a foster family, as well as other measures to resolve the situation.

QUESTION IN LITIGATION [ 4 ] Are the security and development of the children still compromised? In the affirmative, do the recommended measures answer their needs and are they in their best interest? CONTEXT AND ANALYSIS [ 5 ] The parents agrees with the recommendations of DYP, the mother added that she would like Z to be placed in the same foster family as her sisters. X and Y also agree on the recommendations. [ 6 ] Z is placed in the same foster family since September 2019.

This environment seems to correspond to her needs. [ 7 ] Y and X were living in a group home and were able to improve their behaviour to the point where DYP now recommends their placement in a foster family. As a matter of fact, they are presently living in the foster family of extended family members, since recently. [ 8 ] Dr. Beltempo evaluated Y and X.

In his report dated May 3, 2020, he mentioned that they both have emotional regulations difficulties. [ 9 ] More specifically he mentions that Y presents more difficulties than her sister, as she was raised in an alcoholic family system, witnessing verbal and physical violence between the parents. She has mild attachment difficulties and oppositional defiance disorder which is a reaction to poor limit setting and inadequate modeling. [ 10 ] Dr. Beltempo expressed six (6) important recommendations at the end of his evaluation, to help Y modify her behaviour. [ 11 ] For X, Dr.

Beltempo mentioned that she is hypervigilant and presents aggressive behaviors in social situations which may likely stem form an insecure attachment. He also signaled that she does not remember anything of her childhood before she was 8. She also denies having been sexually abused. [ 12 ] Dr. Beltempo wrote that concerning sexual interference, X has learned to hide, camouflage and mask reality as a defence mechanism to protect a painful past. He concludes that she needs continued supportive but firm structure.

He made five (5) recommendations at the end of his expertise, to help X beginning to trust the adults. [ 13 ] X was also seen by a speech-language pathologist who signed a note in December 2019, making some recommendations for the teacher. [ 14 ] It was also mentioned by the pediatrician Dr.

Morel that the contacts between the children and the extended family could be beneficial. [ 15 ] Mother has tried to improve he situation, both parents offered a good collaboration, but they could not respect the Court order stating that the girls could not be in the presence of their brother C. [ 16 ] The parents mentioned that C arrived home after the girls. If that happened that way, they should have asked C to leave. [ 17 ] The efforts of the parents are insufficient to implement a safe environment for the children. They still live in a problematic relationship and violence between them is still present.

They still have a lot of work to do. [ 18 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the children are still in danger and that the measures suggested meet their needs and deemed to be in their best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the applications; [ 20 ] DECLARES that the security and development of the children are still compromised; [ 21 ] REVISES the decision previously rendered; [ 22 ] ENTRUSTS X and Y to a foster family, chosen by the institution operating a child and youth protection center; [ 23 ] ENTRUSTS Z to a foster family chosen by the institution operating a child and youth protection center; [ 24 ] TAKES JUDICIAL NOTICE that DYP intends to reunite the girls in the same foster family if possible;

[ 25 ] ORDERS the parents and the children to take an active

part in the application of any of the measures ordered by the Tribunal; [ 26 ] ORDERS the parents to report in person to the Director of Youth Protection, at regular intervals, to inform her of the current situation; [ 27 ] ORDERS the parents to remain sober and without any violent behaviour in the presence of the children; [ 28 ] ORDERS the parents to refrain from putting the children in contact with D and E; [ 29 ] ORDERS that the contacts between the children and their parents be determined by the DYP as for the modalities, the frequency and the degree of supervision; [ 30 ] ORDERS that the contacts between the children and their extended family members be determined by the DYP as for the modalities, the frequency and the degree of supervision; [ 31 ] ORDERS that the contacts between the sisters be determined by the DYP as for the modalities, the frequency and the degree of supervision, and be held as often as possible; [ 32 ] ORDERS DYP to make sure that every recommendations made by Dr.

Beltempo concerning X and Y be put in place as soon as possible; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and their family; [ 34 ] ENTRUSTS the situation of the children to the Director of Youth Protection, who shall then see that the measures are carried out. THE WHOLE until May 31, 2021. ___________________________________ DOMINIQUE WILHELMY, J.C.Q.

Date: ______________________________ Me Adèle Cyr Counsel for the Director of Youth Protection Me Cassandra Neptune Counsel for the children Me Angèle Tommasel Counsel for the mother Me Eliane Villemur Counsel for the father Date of hearing: June 3 rd , 2020