2012 QCCQ 19387, 2012 QCCQ 19387

Protection de la jeunesse — 128558 2012 QCCQ 19387 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] Youth Division No: 635-41-000220-084 DATE: November 5, 2012 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born [...], 2002 [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in City A Applicant v.

A , residing and domiciled City B, district A, province of Quebec Mother ______________________________________________________________________ JUDGMENT (Sections 95 of the Youth Protection Act) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Court is seized of a motion to review the last Court judgment rendered on December 6, 2011, by Honourable Jacques R. Roy.

He ordered that the child X Onningnack, born [...], 2002, continue to be entrusted to a reception center until the end of school in June 2012, with possible reintegration to his mother's care if the situation allows. [ 2 ] Since the last Court order, the situation changed and justifies reviewing the previous judgment. II – EVIDENCE [ 3 ] The child was placed in a specialized foster home. Initially, it was very difficult to work with him as he could not understand why he was not with his family.

The mother was very supportive and maintained regular contacts with him. [ 4 ] Over time, the child has bonded with the staff while maintaining a clear attachment to his mother. He does very well at school. He does not show any negative behaviour in class. He made some progress in his specialized foster home. Although he behaves very well during the day, he can be very challenging at bedtime. [ 5 ] During the Christmas holidays, he was in City B with his mother from December 18, 2011 to January 3, 2012. An educator who was in City B visited the child at his mother's house.

This visit went very well. [ 6 ] There was another visit from March 24, 2012 and April 2012 during the spring break. It was not very successful. The mother reported that she had difficulties setting limits and his son became very aggressive. The child hit her on the chin during an anger outburst. [ 7 ] After that visit, the mother's partner stated that he could not deal with X's behaviour on a daily basis.

The mother expressed that she was overwhelmed with her son's behaviour and that she would not be able to care for X on a full-time basis. [ 8 ] This child is a bright nine-year-old boy who sometimes continues to have negative behaviour due to the emotional deprivation, neglect, rejection and trauma he experienced at a very young age.

Currently, he responds very well to a structured and consistent environment like the specialized foster home. [ 9 ] Based on the information given by the mother about her difficulty in managing X's behaviour and the fact she was overwhelmed by the situation, it will be important to assess the mother's capacity to care for him.

Considering the child’s needs and the mother’s inability to impose structure, the Court is not convinced that reintegrating the child with the mother is a realistic life project for the child. [ 10 ] FOR THESE REASONS, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES that the security and development of the child are still in danger;

[ 13 ] ORDERS that the child X, born [...], 2002, be placed in a reception centre, in fact, in a specialized foster home for a period of one (1) year; [ 14 ] ORDERS that the terms and conditions for the contacts between X and his mother be determined by the Director of Youth Protection; [ 15 ] ORDERS that the situation of X, specifically regarding his relation with his mother, be evaluated by a psychologist; [ 16 ] ORDERS that contacts between X and his sister be organised and encouraged; [ 17 ] ORDERS the mother to actively collaborate and participate with the Director of Youth Protection B and the Director of Youth Protection A, and receive services to address her personal issues; [ 18 ] RECOMMENDS that the mother participate and complete a parenting course; [ 19 ] ORDERS that aid, counsel and assistance be provided to the child and his mother for a period of one (1) year; [ 20 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the purpose of executing the said enactment. __________________________________ RENÉE LEMOINE, J.Q.C.

Me Myriame Gaudreault For the child Me Robert-André Adam For the applicant Date of hearing: August 21, 2012