2019 QCCQ 15187, 2019 QCCQ 15187

Protection de la jeunesse — 1911721 2019 QCCQ 15187 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-001867-149 DATE : November 26, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2009 and A B (deceased) parents ______________________________________________________________________ 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.). 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 November 26, 2019. [ 2 ] The court is seized of an application for extension presented by the Director of youth protection (DYP) of a decision rendered on November 21, 2018, requesting that the security and development of the child be declared still in danger. [ 3 ] Consequently DYP asks the Court to entrust the child in a rehabilitation center with possible reintegration in a foster family, as well as other measures to resolve the situation. [ 4 ] The parents are present in court, and assisted by a lawyer.

There was an history of alcohol consumption and conjugal violence. Question in litigation [ 5 ] Are the security and development of the child still compromised? In the affirmati-ve, do the recommended measures answer his needs and are they in his best interest? Context and Analysis [ 6 ] The proof reveals that the mother have an history of alcohol consumption. [ 7 ] The child was assessed by a neuropsychologist, Ms.

Amane, who retained some diagnosis. [ 8 ] The collaboration of the mother with the DYP is regular but minimal in the sense that mother is not proactive. [ 9 ] X is evolving positively in a structured environment and participates very well in activities at the group home. Since his

placement he had made serious improvements. He is ready to go in a foster family, but none was found until now. [ 10 ] The goal of the DYP is for X to reintegrate his family as soon as possible. [ 11 ] Both the mother and the child agree to the recommendations. [ 12 ] 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 child are still in danger and that the measures suggested meet his needs and deemed to be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and development of the child are still compromised; [ 15 ] EXTENDS the decision rendered on November 21, 2018; [ 16 ] ENTRUSTS the child to a rehabilitation center with a possible integration in a foster family when the situation allows; [ 17 ] TAKE JUDICIAL NOTICE that X sees a psychologist once or twice a week, and a psychiatrist every two months ; [ 18 ] ORDERS DYP to make sure that the diagnosis of Ms Amane be explained correctly to the mother and that the recommendations of said evaluation be put in place as soon as possible ; [ 19 ] ORDERS DYP to produce in the file the previous evaluation of Dr.

Beltempo ; [ 20 ] ORDERS the mother to report in person, periodically to the DYP to inform her of the current situation; [ 21 ] ORDERS the child and his mother to take an active

part in the application of the measures ordered by the tribunal; [ 22 ] ORDERS the other to remain sober in the presence of the child; [ 23 ] AUTHORIZES DYP to do unannounced visits to the mother’s home; [ 24 ] ORDERS that the contacts between the child and his mother be supervised by the DYP as to the frequency, modalities and degree of supervision ; [ 25 ] ORDERS the mother to seek help through the Social Services concerning her alcohol and personal issues; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family, including an external educator through X’s integration;; [ 27 ] ENTRUST the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE , until June 30, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Adèle Cyr Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the child Mtre Angèle Tommasel Counsel for the mother