2020 QCCQ 7550, 2020 QCCQ 7550

Protection de la jeunesse — 203494 2020 QCCQ 7550 JM2174 COURT OF QUÉBEC YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 505-41-009243-181 DATE : July 23, 2020 ______________________________________________________________________ PRESIDED BY : THE HONORABLE NANCY MOREAU J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection Centre intégré de santé et de services sociaux A Applicant -and- X, born on [...] 2008 Child-respondent -and- B Mother-respondent -and- C Father-respondent ______________________________________________________________________ J U D G M E N T Section 95(1) 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 ] On May 29, 2019, the Court declares that the security and development of the children Y, Z, A and X are in danger for various reasons.

The case of X was the only application for an extension of a Court order. [ 2 ] For X, the reasons are: neglect on the educational and physical levels and serious behavioural disturbances (namely sexual behaviour towards his sister A). [ 3 ] The terms of this judgment mainly provided that the child be entrusted to his paternal grandparents, maintaining contacts with the parents and siblings (supervised by a third party concerning the mother and siblings), the services of an educator, the continuation of the psychological follow-up and other measures for one year. [ 4 ] Considering the new facts, the Director recommends to extend the stay of the child with the grandparents, who became kinship

foster family, on the understanding that contacts with the father and the family may take place following agreement between the parties, provided that the father makes the arrangements for bedtime (having an independent bedroom for the boys on the main floor and adding a door to the girls' bedroom on the upper floor). In addition, there are other measures for six months. [ 5 ] The parents are both represented by lawyers. They agree with the measures sought by the Director. [ 6 ] The child's lawyer is also in agreement.

The evolution of the situation since the last judgment [ 7 ] To summarise, the development of the child has been positive in several ways: • He stayed with his grandparents and adapted to the imposed environment. • He involved in school, his behaviour was positive and he experienced success. It should be noted that because of difficulties in supervising the contacts with his sister Isabel, he was transferred to another school ([School A]) and the services of a "shadow" were put in place.

A bond of trust has developed between them. • The child must learn to accept academic support, especially because of attention deficit. • The child has developed his social skills. [ 8 ] The child maintained his involvement in his psychological follow-up, even during the confinement. This provides him with a space for discussion. [ 9 ] Regarding the sexual behaviour, the child admitted the facts and was able to show empathy for what did to his sister.

Discussions on possible excuses (therapeutic aspect) are being explored within the framework of said follow-up. [ 10 ] The father supports his son in this process and encourages him. [ 11 ] At the hearing, the child is reluctant to continue his therapeutic approach, but will comply with the order. [ 12 ] Given his previous involvement and achievements, the trust he has established with the professional in charge of his psychological follow-up, the issues that remain to be addressed with a view to increasing the time spent in the family home and the reintegration in a few months, the Court strongly recommends that he continue the follow-up. [ 13 ] The child maintained regular contact with his father.

The contacts with his siblings were supervised. [ 14 ] The Director foresees the possibility of reintegrating the child into the family environment over the next four to six months. Caution should be exercised as the father already has responsibility for the other children and accommodations have long been required to ensure better bedtime accommodations. [ 15 ] The Director therefore requests that the two boys have a room on the ground floor and that a door giving access to the girls' bedroom upstairs be installed.

If the circumstances are favourable and the father tries to maintain the rules for bedtime, the Director plans to reintegrate the child. [ 16 ] At the hearing, the father indicated that the boys' room was ready and that the rest would be done shortly. The caseworker also visited the premises the day before. [ 17 ] He mentioned that the family was happy when X was there and that the visits went well. [ 18 ] As for contacts with the mother, they were irregular and less frequent.

The child would like to see her more often; he appreciates these moments. [ 19 ] Since the situation is evolving well and there is no conflict, the Court will follow the conclusions 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 ] EXTENDS the court order rendered on May 29 th , 2019; [ 23 ] ORDERS that the child be entrusted to the kinship foster family chosen by Director of Youth Protection namely Mr. D and Ms.

E; [ 24 ] ORDERS that the contacts between the child and his father be following agreement between the parties; [ 25 ] TAKES ACT that sleepovers at his father will be allowed on the condition that the father ensures to establish a bedroom for the child on the main floor of the current dwelling and ensures to install a door on his sister’s current bedroom; [ 26 ] ORDERS that the contacts between the child and his mother be following agreement between the parties; [ 27 ] ORDERS that the contacts between the child and his siblings be following agreement between the parties;

[ 28 ] TAKES ACT that the father acknowledges and agrees to vigilant supervision of the contacts between the child and his siblings; [ 29 ] TAKES ACT that efforts will be made to progressively integrate the child back to the family home as circumstances allow; [ 30 ] AUTHORIZES the complete reintegration of the child two months before the end of the measures, and following agreement between the parties; [ 31 ] RECOMMENDS that the child continues to receive all the medical and psychological follow-up, namely to continues to meet with his current therapist and follow recommendations; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 33 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of the Centre intégré de santé et de services sociaux A for the execution of the measures; [ 34 ] THE WHOLE for six months. ______________________________ Nancy Moreau, J.C.Q.

M e Mylène Francoeur Attorney for the D.Y.P M e Kathleen O’Meara Attorney for the child M e Gisèle Tremblay Attorney for the mother M e Cédric Dumoulin Attorney for the father Date of hearing: July 23, 2020 Date of signature : August 3, 2020