2014 QCCQ 16529, 2014 QCCQ 16529

Protection de la jeunesse — 145003 2014 QCCQ 16529 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No. 640-41-001682-134 DATE: September 5, 2014 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF X , born on […], 2008 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A , residing and domiciled in Town A, Québec, District A Mother ______________________________________________________________________ JUDGMENT (

section 95 , Youth Protection Act , C.Q.L.R. c. P - 34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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.). I - INTRODUCTION [ 1 ] The Court is seized of a motion under

section 95 of the Youth Protection Act to review the decision rendered by the Honourable Marc E. Grimard J. on March 20, 2014 concerning the situation of the child X. II - THE FACTS [ 2 ] On March 20, 2014, Grimard J. declared that the security and development of the child were endangered and rendered the following conclusions: GRANTS the motion under

section 38 of the Youth Protection Act ; DECLARES that the security and the development of the child are endangered; ORDERS that the child X be entrusted to a foster family for a period of six (6) months; ORDERS that the visits between the mother and the child and the grand-parents and the child be supervised by the Director of Youth Protection concerning the modalities and frequency and, if approved by the Director of Youth Protection, supervised by a third party; ORDERS that the mother continues her psychiatric treatments and takes her medication as prescribed by a professional; ORDERS that the mother collaborate with the Director of Youth Protection and gives authorization to transmit the information between the professionals involved with the mother and in the child's medical and social cases and the Director; ENTRUSTS the situation of the child, X, to the Director of Youth Protection A to carry out the present measures; ORDERS any police officer to collaborate in the execution of this enactment. [ 3 ] The situation that endangered the security and development of the child was the illness and drug and alcohol addictions of the mother.

On April 5, 2013, the mother displayed aggressive behaviour toward her child while intoxicated. [ 4 ] Since the last Court order, the situation of the mother has improved significantly. She is taking the medication prescribed for her mental illness and receiving psychological follow-up regularly. Her medical situation is stable. She also entered a treatment program in Town A. She did not complete the treatment but stayed sober after her return to the community.

[ 5 ] She cooperates very well with the Director of Youth Protection and respects the

schedule of supervised visits. She attended adult education and worked at the [Hotel A] in housekeeping. She is now working part time at the daycare centre as a helper for the educators. [ 6 ] Unfortunately, the situation of the child has greatly deteriorated. [ 7 ] Since the last Court hearing on January 21, 2014, X has been in three foster homes because of his behaviour. [ 8 ] On April 7, 2014, the foster parents decided to give him up because the foster mother was tired and overwhelmed. [ 9 ] On April, 11, 2014, the child moved to a new foster home.

On April 15, 2014, the new foster mother reported that she was overwhelmed by the behaviour of the child and did not know what to do for him. The foster mother works at the daycare and had been working closely with the child.

She decided to give him up for the safety of her two children. [ 10 ] On April 15, 2014, all the resources in the community were part of a case discussion concerning X's behaviour. [ 11 ] The conclusion of the discussion was that there is a lack of resources in the community to provide an environment that meets his special needs. [ 12 ] In fact, the child is very aggressive toward other children. He needs a shadow at school to prevent his assaulting other children. [ 13 ] After the case discussion, an assessment was planned with a special needs expert for proper diagnoses.

The child starting acting up when he was informed that he needed to go to the clinic. It took three adults to handle him. He also reacted when the doctor met with him. He started screaming, kicking, using foul language and hitting himself on the head. He turned the examination room upside down. After half an hour in crisis, he was medivaced to [hospital A] for evaluation. He was discharged the following day. [ 14 ] On April 19, 2014, the child was placed in a specialized foster home in Town B.

He is doing well at his new foster home. [ 15 ] The child is supposed to be assessed by a child psychiatrist on September 23, 2014 at the [hospital A]. III - ANALYSIS [ 16 ] It is obvious from the evidence that the security and development of the child are still in danger. But the situation that endangers the child’s security and development has changed since the last Court order. Currently, the behavioural disturbances of the child are the main reason to declare his security and development to be in danger. [ 17 ] The situation of the child seems to have changed dramatically.

In the last Court judgment, the child was described by the judge as follows at paragraph 10: [10] The child has adjusted well to his new environment of the foster home. He attends daycare in the morning and goes to school for part of the afternoon.

The foster parents state that the child is stable, is a happy little boy and he is not a difficult child. [ 18 ] Given that this description dates from January 2014, it is possible to believe that the needs of the child were not met in the previous months. [ 19 ] The Court believes that it is important to correctly evaluate the child’s situation in order to obtain his psychiatric assessment. [ 20 ] In the meantime, the child will stay in the same foster home in order to give him stability and structure for the coming months. [ 21 ] A very short period of placement will be ordered to assess the situation of the child and try to find an appropriate environment in the community where his needs can be adequately met.

FOR ALL THESE REASONS, THE COURT: [ 22 ] GRANTS this motion; [ 23 ] REVIEWS the decision rendered by the Honourable Marc E.

Grimard J. on March 20, 2014; [ 24 ] DECLARES that the development and security of the child X, born […] 2008, are still in danger; [ 25 ] ORDERS the placement of the child in a foster family for a period of three (3) months; [ 26 ] RECOMMENDS the same specialized foster family; [ 27 ] ORDERS that the mother receive psychiatric follow-up and take her medication as prescribed by the psychiatrist; [ 28 ] ORDERS that the mother take steps to be admitted to a treatment program at [Center A], with her child if recommended by the child psychiatrist; [ 29 ] ORDERS that the child receive all the help and social services required by his specific situation and particularly for his speech problems; [ 30 ] ORDERS that the child be integrated into the school system in order to receive services for his education; [ 31 ] ORDERS that contact between the child and his mother be overseen by the Director of Youth Protection in terms of frequency and modalities.

Concerning the need for a third party to supervise contact, the situation will have to be assessed according to the child's

behaviour; [ 32 ] ORDERS that the child have contact with his mother at least once a month; [ 33 ] ORDERS that contact between the child and extended family, including grandparents, be encouraged; [ 34 ] ORDERS that the mother cooperate with the Director of Youth Protection and authorize the transmission of information between the professionals involved in her situation and the Director of Youth Protection; [ 35 ] ENTRUSTS the situation of the child X to the [Center B] __________________________________ RENÉE LEMOINE Mtre . Joanie Jacob For the child Mtre. Suzanne Arpin For the Applicant Mtre. Jacques Stuart For the mother Date of hearing: August 12, 2014