2019 QCCQ 14423, 2019 QCCQ 14423

Protection de la jeunesse — 194419 2019 QCCQ 14423 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-035091-198 DATE : May 27, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2007 child and A B parents ______________________________________________________________________ JUDGMENT

Section 38 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 May 27. 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the child exhibits serious behavioural disturbances.

The Director also alleges that the parents do not meet the child’s basic physical needs and that a situation of serious risk of neglect exists. [ 3 ] On April 25, 2019, the Director recommended that the child remain placed in a rehabilitation centre and that support measures be ordered for a period of six months. [ 4 ] The mother was notified with the application but was not in Court. [ 5 ] The Tribunal authorized to proceed in the absence of the parents as the Director took reasonable steps to try to locate the father, without success. [ 6 ] The child’s attorney was in agreement with the Director’s plan. [ 7 ] The hearing had to be continued on May 27, 2019 as the Director was unable to exhibit the child’s birth certificate.

Question in litigation [ 8 ] Are the proposed measures in the child’s best interest and are they respecting her rights? Context and Analysis [ 9 ] In 2018, the family moved from [Town A] to [Town B]. [ 10 ] The child has been diagnosed with a developmental delay, intellectual disability and speech-language disability. She suffers from tonic-clonic seizures. Given her behaviours and limitations, she requires a specialized one on one supervision.

[ 11 ] The child exhibits serious behavioural disturbances (running away, being aggressive with peers, not listening to instructions, having frequent tantrums).

She puts herself at risk as she has no boundaries with people. [ 12 ] The parents experienced difficulty supervising the child and requested support. [ 13 ] On June 29, 2018, the parties agreed for the child to be placed in a rehabilitation centre for a period of nine months under an Agreement on Voluntary Measures. [ 14 ] The child was placed at Centre A where she continued to exhibit difficult behaviours, such as anxiety, defiance and aggression. [ 15 ] In October 2018, the child was transferred to Centre B in order to receive proper support for her behaviours.

Since her transfer, she adapted to this environment and was able to follow the programs and routine. She still reacts negatively to changes in routine. [ 16 ] In November 2018, during one incident, the child became aggressive and had to be restrained by police and brought to the hospital for an assessment. [ 17 ] The child attends School A. In school, she is passive and it is difficult for her to participate. She can be aggressive with peers. [ 18 ] The child is currently on a waiting list to be transferred to a CRDI resource.

No resource as yet been identified for her. [ 19 ] The child is closely followed at the Montreal Children’s Hospital. The parents have consistently been present during the child’s medical appointments. [ 20 ] From December 27 2018 to January 6, 2019, the child and her parents travelled to Town A. [ 21 ] On January 22, 2019, the Youth Protection worker learned that, following a domestic dispute that took place in September 2018, the father had criminal conditions not to be in contact with the mother. This information was not shared by the parents.

Following this, arrangements were made for the child to visit with her parents, one at the time. [ 22 ] The father has not taken steps to address his substance abuse and his issues regarding being a victim of conjugal violence. [ 23 ] The mother has not taken steps to address her issue concerning conjugal violence. [ 24 ] The parents have not taken the appropriate steps to correct the situation. They had difficulty implementing the recommendations from the educator who worked with the family from August 10 to December 12, 2018. They did not register for parenting classes.

They did not pursue steps to work on their couple issues with a psychologist from the Douglas Hospital. [ 25 ] Since January 2019, the parents’ collaboration with the Youth Protection worker became more difficult. [ 26 ] On March 1, 2019, the Tribunal ordered the provisional compulsory foster care of the child in a rehabilitation centre. [ 27 ] On March 22, 2019, the Youth Protection worker learned that an incident happened where the father broke items in the family’s apartment.

The mother was in jail. [ 28 ] Despite numerous attempts from the Youth Protection worker to reach the parents, the father’s whereabouts remain unknown. The Youth Protection worker was able to reach the mother on the telephone two weeks prior to the April 25, 2018 hearing. [ 29 ] At this point, the parents’ situation is not stabilized and the child’s placement remains necessary. THEREFORE AND FOR THESE REASONS, THE COURT: [ 30 ] GRANTS the application for protection; [ 31 ] DECLARES that the security or the development of the child is endangered ( sections 38 f), b) 1 o i and b) 2

o) of the Youth Protection Act ); [ 32 ] ORDERS that the child be entrusted in a rehabilitation centre; [ 33 ] TAKES JUDICIAL NOTICE that the child is presently on the waitlist for [Centre C] resource and that once one is identified for her, a gradual integration into a [Centre C] resource will commence; [ 34 ] ORDERS that the frequency and modalities of contacts between the child and her parents be determined by the Director of Youth Protection and TAKES ACT that those contacts will be encouraged; [ 35 ] RECOMMENDS that the parents undergo a substance abuse assessment and follow through with any ensuing recommendations; [ 36 ] ORDERS that the parents refrain from being under the influence of any substance while in the child’s presence; [ 37 ] RECOMMENDS that the father submit to random drug testing as requested by the Director of Youth Protection; [ 38 ] ORDERS that the parents ensure that the child is not exposed to any form of conjugal violence; [ 39 ] AUTHORIZES the Director of Youth Protection to obtain information from any professionals working with the family with regards to frequency and attendance;

[ 40 ] AUTHORIZES the Director of Youth Protection to sign for the medical and educational needs of the child; [ 41 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and her family; [ 42 ] THE WHOLE until October 25, 2019; [ 43 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on May 31, 2019 /cd Mtre Myriam DeBlois Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the child Dates of hearing: April 25 and May 27, 2019