2017 QCCQ 9166, 2017 QCCQ 9166

Protection de la jeunesse — 173632 2017 QCCQ 9166 JJ0494 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] Youth Division N os : 450-41-005012-142 450-41-005014-148 450-41-005015-145 DATE: JUNE 9, 2017 ______________________________________________________________________ PRESENT THE HONOURABLE MARIE-PIERRE JUTRAS J.C.Q. ______________________________________________________________________ IN THE SITUATION OF THE CHILDREN : X Born on [...], 2010 Y Born on [...], 2008 Z Born on [...], 2017 -and- [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A, working at [...], Town A (Quebec) [...], District A; Applicant -and- A , residing and domiciled at [...], Town B (Quebec) [...], District A; -and- B , residing and domiciled at [...], Town C (Quebec) [...], District A; Children’s parents ______________________________________________________________________

JUDGMENT – Corrected on June 21, 2017 ______________________________________________________________________ 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, 11.2.2 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to review a judgment rendered by the undersigned on December 8, 2016. [ 2 ] The Director alleged that the interest of the children requires that the applicable protective measures be extended until they each reach full age. [ 3 ] The protective measures include: • That the children remain in their respective foster environments; • That contact between the mother and the children remain supervised; • That it be possible to lift the supervision of contact between the father and the children; • That aid, counselling, and assistance be provided to the children and their family until the children each reach full age. [ 4 ] Despite the fact that the placement period had reached its time limit in the last judgment, the Court gave the Director a few more months to clarify the children’s life plan, in particular, to determine the terms and conditions of contact between the children and their parents given that the children had had a strong negative reaction following contact. [ 5 ] That additional time had been granted because the parents and the children had once more been left to themselves, without the Director’s support. [ 6 ] Since the last order, Y and X, who are living in the same foster family, have continued to be involved in their environment. [ 7 ] X, who is 6 years old, has developed significantly.

The teachers and the foster family observed notable improvements compared with last year. He is calmer and complies more with instructions. He must take medication for his attention deficit disorder with or without hyperactivity. The medication enables him to learn. [ 8 ] X speaks occasionally about his father, but rarely with his mother. [ 9 ] Since early March, his bedwetting has returned. He will consult a physician to shed light on that problem. [ 10 ] Y, who is 8 years old, still requires constant and consistent supervision. As soon as he is alone, he disobeys instructions.

He receives several follow-ups for his health and his speech. [ 11 ] At school, he must be accompanied and he sees the remedial teacher several times a week. [ 12 ] Z is now 10 years old. He has not been placed in the same foster family as his brothers. Z must deal with a mild to moderate intellectual impairment. He also suffers from an attention deficit disorder of the combined type and from a primary speech disorder. He still wets his bed and is still incontinent. He has weak social skills.

Z is impulsive and has hearing problems. [ 13 ] His disabilities hinders his schooling. [ 14 ] The foster family needs to be accompanied. It must always be present with Z. Instructions must be repeated countless times. [ 15 ] Several services provide the child with assistance in his foster environment, in particular, the [Centre A] and the pediatrician. Z is waiting for the services of an occupational therapist.

He sees his cardiologist on a regular basis. [ 16 ] The three children have specific needs, which the foster families have managed to adapt to and meet over time. [ 17 ] The mother’s situation has remained the same. She has the same spouse, who is intellectually impaired and suffers from sexual deviance with regard to young children. [ 18 ] Given her intellectual limitations, the mother does not understand the risk to which she exposes her children by seeing Mr. B, her spouse. [ 19 ] The mother sees the children once a week, for 90 minutes, at the Centre jeunesse.

The children are happy to see their mother, but contact is redundant. [ 20 ] The mother needs to be accompanied to have the children properly supervised and their needs met. [ 21 ] Since March, the mother has missed a few visits with her children. Today, she accepts to have the frequency of contact reduced to once every other week. [ 22 ] For his part, the father has continued to improve his situation, which allowed him to have contact with his children at his home as early as December. Positive contact was observed, and the father was adequate and properly supervised the children.

[ 23 ] Given this observation, the duration of contact was increased. Contact between the father and the children is not perfect. The father must still be reminded to ask X and Z whether they need to go to the bathroom, but according to the representative, the supervision of contact between the father and the children should now be lifted. [ 24 ] After seeing their father, the children are calm in their family environment and resume their routine. [ 25 ] The father is still sober. He still has the same spouse, who has a positive influence on him.

The father has developed his parenting skills through workshops at the Maison de la Famille. [ 26 ] His financial situation has also improved, as he now works. [ 27 ] On the basis of his improvements, the father proposed that the children be kept in their foster families for six months and then that they be reintegrated into his home. [ 28 ] The Director does not foresee any possible return to the father’s home. In fact, the children’s well-documented problems are too serious and the father’s ability to take action is too weak to consider the children’s possible return to the father’s home.

Analysis [ 29 ] The placement time limits have been reached. The life plans submitted by the Director are in the children’s interest. [ 30 ] The father proposes to keep the children in a situation of uncertainty for the next six months in order for him to again try to show his ability to take care of the children. [ 31 ] The father, when he could accompany the children to the physician, get news from the school and be proactive, did not take action. He now says that he will do so. [ 32 ] Since the Director’s involvement in the father’s life, the father has shown a passivity that hinders his parenting skills.

As a result, he cannot meet the specific needs of his children. However, he must continue to play a part-time role in their lives.

The frequency, terms and conditions recommended by the Director are in keeping with the children’s interest. [ 33 ] The Court repeats itself, but considering the children’s problems, they need to be surrounded by excessively resourceful, involved and proactive adults. [ 34 ] The main goal of the last order was to determine the terms and conditions of contact between the children and their parents. [ 35 ] In December, the children had a strong reaction when contact with their parents resumed. [ 36 ] The new terms and conditions, set up a few weeks ago, calm the children down and are in their interest. [ 37 ] As for the mother, she acknowledged not being able to take the children back.

The Court reaches the same conclusion. [ 38 ] The interest of the children requires that they remain with their current foster families until they reach full age, while having positive and regular contact with each of their parents.

FOR THESE REASONS, THE COURT: GRANTS the present application; DECLARES that the security and the development of the children X, Y and Z are in danger; REVISES the Court order rendered on December, 8 th 2016; ENTRUSTS the children X, Y and Z to their present foster family as already chosen by the Director of Youth Protection; AUTHORIZES , in the children X, Y and Z favor, supervised contacts with their mother, after agreement and according to the modalities established with the Director of Youth Protection; TAKES NOTICE that the contacts between the mother and the children X, Y and Z will be actualized in the absence of Mr.

B; AUTHORIZES , in the children X, Y and Z best interest, supervised contacts with their father, after agreement and according to the modalities established with the Director of Youth Protection, with the possibility of lifting the said supervision, upon agreement between the parties; ORDERS that the children X, Y and Z receive every health care and services needed by their situation; ORDERS that the parents actively participate in the measures aimed in correcting the situation; RECOMMANDS that the father maintain all of is follow-ups, for the time deemed necessary; ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the children X, Y and Z and their family until the age of their majority, namely [...], 2025 for Z, [...], 2026 for Y and [...], 2028 for X; ENTRUSTS the children X, Y and Z to the Director of Youth Protection to see that the measures are carried out.

___________________________________ Marie-Pierre Jutras, J.C.Q. Mtre. Christine Loubier Counsel for the DYP Mtre. Stéphanie Côté Counsel for the children Mtre. Sébastien Gagnon Counsel for the mother Mtre. Claude Gendron Counsel for the father Dates of hearing: March 28, 2017 and April 27, 2017 Exhibits filed: D-6 and D-7