2020 QCCQ 1605, 2020 QCCQ 1605

Protection de la jeunesse — 201397 2020 QCCQ 1605 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-026531-129 Date: January 20, 2020 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2012 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) JD2620 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of January 20, 2020, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on January 21, 2019, whereby the now seven year-old child, X , was entrusted to a rehabilitation center with aid, counsel and assistance, for a period of nine months. [ 3 ] The facts alleged in support of the application for extension dated September 30, 2019, are as follows: 3.1. the mother’s whereabouts have remained unknown; 3.2. the father has not been in contact with the child or the delegate in several months; 3.3. the child has progressively been integrated in the same foster home as her brother Y and while she appears to be attaching to her foster parents, she has presented behavioural challenges; 3.4. educator services have been implemented to support the foster parents; 3.5. the child is undergoing a trauma focused psychological assessment (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to foster care, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 5 ] The child’s mother’s whereabouts remain unknown.

She last reached out to the worker in the Fall 2018 and there has not been any way to reach her since. Consequently, the Court proceeded in her absence. [ 6 ] The father was also absent at the hearing. The worker testified that she was unable to communicate him. She spoke to his parents who reported that they were also unable to communicate with him. Consequently, the Court proceeded in his absence. [ 7 ] Me Cloutier, on behalf of the child, made no admissions but approved of the measures proposed by the Director of Youth

Protection. [ 8 ] The Director filed Exhibit D-7 as evidence: D-7: 95 Court Report, signed by [Social Worker 1], dated September 26, 2019. [ 9 ] In

summary, both parents have been absent from their daughter’s life. [ 10 ] It was already noted in the previous judgment of January 21, 2019 that the father’s contacts with his daughter had significantly decreased since his move to [Province A] in February 2018. [ 11 ] Although he then had claimed to be willing to travel to Town A to see his daughter every two to three months, that does not appear to have been the case and he has not seen the child since January 25, 2019: Following the court hearing, Mr.

B was in Town A and joined Y and X for their visit at [Organism A] on January 25 th , with the approval of the undersigned. On March 20, the undersigned sent a letter to Mr. B, in order to inform him about X’s integration and that the bi- weekly visits at [Organism A] were canceled, given that the children would see each other weekly in the context of X’s integration. Mr.

B has not contacted the undersigned nor has he seen the children since. [2] [ 12 ] Fortunately, the child always maintained contact with her brother and, on June 21, 2019 she completed her integration into the same foster home as her brother. [ 13 ] Despite difficulties during the transition, including the child’s regressive behaviors, things appear to be stable in the foster home. [ 14 ] The child still presents significant development delays and ongoing services will be necessary to support the family and ensure the stability of the child’s placement. [ 15 ] Given the numerous changes in the child’s life, it is recommended that she continue to attend the same school to provide as much continuity as possible under the circumstances: X’s attendance at school A has been a significant element of stability and consistency in her life.

X thrives at the school and is receiving numerous therapeutic services to address her developmental needs. It is imperative for X’s academic achievement and development that she remains a student at school A. [3] [ 16 ] The results of her psychoeducational and trauma assessments should also provide greater insight as to how best to meet her needs. [ 17 ] The coming months will determine the viability of her continued entrustment to her current foster family. [ 18 ] Under the circumstances, the Court is satisfied that the application is well-founded and that the recommendations are in the child’s interest.

THEREFORE, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD 'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 21 ] ORDERS that the child remain entrusted to foster care; [ 22 ] TAKES JUDICIAL NOTICE that the child is currently in the same foster home as her brother; [ 23 ] TAKES JUDICIAL NOTICE that she is intended to remain there for the duration of the placement; [ 24 ] SUSPENDS contact between the child and her parents, until such time as they have met with the delegate a minimum of three times in order to ascertain their stability and their level of commitment to the child; [ 25 ] RECOMMENDS that the child continue to attend School A; [ 26 ] ORDERS that the parents advise the Director of Youth Protection of any change in their coordinates in a timely fashion; [ 27 ] ORDERS that the recommendations of the child’s psychological assessment, as well as her pending trauma assessment, be followed; [ 28 ] ORDERS that the child receive all medical and therapeutic services that she requires regarding her developmental delays, as well as services recommended in her assessments; [ 29 ] WITHDRAWS from the parents the exercise of attributes of parental authority, pertaining to medical, educational, leisure and travel needs, including obtaining a passport, and grants the exercise of these attributes to the Director of Youth Protection; [ 30 ] AUTHORIZES the Director of Youth Protection to share and obtain information with service providers working with the

family; [ 31 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and her family; [ 32 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 33 ] THE WHOLE for a period of six months. Signed on January 23, 2020 TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Francis Cloutier Attorney for the child TD/vl