2023 QCCQ 6431, 2023 QCCQ 6431

Protection de la jeunesse — 233366 2023 QCCQ 6431 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 635-41- 000790-177 DATE: April 4, 2023 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2012 child and A mother ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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.). [ 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 April 4, 2023. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by Justice Lucie Godin on August 23, 2022. [ 3 ] On February 27, 2023, the Tribunal ordered the provisional placement of the child in a rehabilitation centre. [ 4 ] Today, the Director recommends that the child be placed in a rehabilitation centre and that support measures be ordered until August 31, 2023. [ 5 ] The mother is absent from the hearing. [ 6 ] The child’s attorney agrees with the Director’s plan.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 8 ] The mother’s whereabouts have remained unknown. She has not contacted the Director. She has not collaborated with the Director and has not been present in her child’s life. [ 9 ] The child has been placed in a rehabilitation centre since June 8, 2020. [ 10 ] Since August 23, 2022, the child has continued to be entrusted to the Group Home A in [Community A].

Despite the structure provided, he has been displaying serious behavioural difficulties. [ 11 ] The child has been physically aggressive towards peers and adults. He stole from the Store A. The child displayed violent

behaviours such as kicking the walls and hitting himself. He ran away from the Group Home. He made threats to hurt others and to burn a house. It has been difficult for him to respect the rules and structure of the Group Home. On numerous occasions, the child had to be suspended from school. [ 12 ] Despite the structure, the child has not been able to stabilize himself. He received support from regular meetings with Mr. Victor-Manuel Tomas, psychologist and Dr. Michelle Larose, child psychiatrist. [ 13 ] Ms. B and Mr. C have been involved with the child for the last five to six years.

At this point, the child previous foster parents are not ready to resume his care. In January and February 2023, the Director, Ms. B, and Mr. C discussed plans to review the child’s potential orientation. [ 14 ] At this point in time, Ms. B and Mr. C still need to work on some of their own personal issues before a positive reintegration can occur. The child still needs the structure that can be provided by the rehabilitation centre. A short order will permit a reassessment of the plan for the child.

THEREFORE, AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision; [ 16 ] DECLARES that the security or the development of the child is still endangered; [ 17 ] REVISES the order rendered on August 23, 2022 by Justice Lucie Godin; [ 18 ] ORDERS that the child be entrusted to a rehabilitation center until August 31, 2023; [ 19 ] ALLOWS a reintegration into foster care in accordance with

article 62.1 of the Youth Protection Act ; [ 20 ] ORDERS that the mother take an active

part in the application of any of the measures ordered by the Court; [ 21 ] ORDERS that the mother report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 22 ] ORDERS that the child receive specific health care and health services such as a psychologist and a psychiatrist follow-up; [ 23 ] ORDERS that the mother remain sober in the presence of the child; [ 24 ] ORDERS that the mother refrain from any kind of violence in the presence of the child; [ 25 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate concerning her personal issues; [ 26 ] ORDERS that the contacts between the child and his mother, his maternal grandparents, Ms.

B and Mr.

C, be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 27 ] WITHDRAWS the exercise of certain attributes of the parental authority from the mother and GRANTS it to the Director of Youth Protection regarding the child’s health, school, extracurricular activities, travelling and passport; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 29 ] THE WHOLE until August 31, 2023. [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on June 6, 2023 /cd Mtre Justine Carli Counsel for the Director of Youth Protection Mtre Geneviève Lucas Counsel for the child Date of hearing: April 4, 2023