2021 QCCQ 6567, 2021 QCCQ 6567

Protection de la jeunesse — 213182 2021 QCCQ 6567 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N o : 505-41-010140-202 DATE : June 21, 2021 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X, born on [...], 2006 Child -and- A Mother ______________________________________________________________________ JUDGMEN T

Section 95 of the Youth Protection Act ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] T he Director of Youth Protection (the Director) petitions the Court with an Application for Revision and Extension of a Court Decision dated November 30, 2020. [ 2 ] Following this decision, Court ordered that the child be entrusted to her aunt, Ms B until June 30, 2021, and that the contacts with the mother be following agreement between the parties. [ 3 ] Today, the Director recommends that the child be entrusted to an institution operating a rehabilitation centre for a period of 6 months. [ 4 ] The mother is absent.

She is in agreement with the recommendations of the Director. [ 5 ] The child also agrees with the recommendations, but wants to rectify some facts contained in the report. She wishes to be entrusted to her aunt at the end of the measures. For the following months, her goals are: to control her emotions, attend school each day and be respectful. [ 6 ] The child does not want to be entrusted to the Group home A. The Director mentions that she will respect her decision. [ 7 ] The aunt is present in the court room. CONTEXT [ 8 ] The aunt reports that the child continues to challenge.

She has difficulties to respect the rules. She can be verbally aggressive. On February 16, the aunt accepted to receive behavioural educational support considering the child’s oppositional behaviour. On April 23, the aunt mentions that the child is disrespectful and explosive. She doesn’t listen and uses drugs. [ 9 ] At school, the child is not doing well. She has been suspended twice, on January 28 and on February 10, 2021. [ 10 ] On April 26, the child has been entrusted provisionally to a foster family. [ 11 ] On May 4, the foster family informed the Director that they couldn’t keep the child.

[ 12 ] The child refused to attend [Center A]. [ 13 ] The child was admitted to [House A] on May 10, 2021. Even in the neutral setting of a group home, it is difficult to accompany the child and to secure her enough so that she can be available to open up and work on her issues. Her main difficulties are in respecting the authority, interact adequately with her peers and to identify and express her emotions. She could benefit from receiving support and services. [ 14 ] The child continues to meet with her psychotherapist, Ms Joyce Loomer who is also monitoring her drug use.

Ms Loomer recommends that the child has her own addiction worker. [ 15 ] Ms Loomer explains that the child seems to be benefitting from the stability which the group home is providing her and that this can be beneficial for her to develop more appropriate social skills, continue to work through difficult emotions and provide her with a stable environment from which she can work towards a return to the family. [ 16 ] The child has made recent progress in terms of being open to examining her feelings and working through her anger. [ 17 ] The child visits with her mother and her aunt each weekend.

The contacts are positive. The visitation plan is that the child spends the day with her mother and the night at her aunt’s. [ 18 ] The mother continues to collaborate with the Director. She gave birth to a baby girl in [...] 2020. The mother recently had to be hospitalized on two occasions (April 30 and on May 2) due to panic attacks but has been stable since. [ 19 ] The mother accepts that the child be reintegrated into the aunt’s care when the time is right and will support this plan. [ 20 ] The child, the mother and the aunt will participate in August 2021 in family therapy.

It would also be beneficial for the child to engage in a psychiatric assessment to better understand and support her behaviours. ANALYSIS [ 21 ] Considering the child’s behaviours, her placement was the only option left. She is ready to do the work to help herself and her situation as all the adults around her are working very hard in order to support her. [ 22 ] It is important that the mother and the aunt work together as a team to create a better future for the child to break the cycle of trauma.

FOR THESE REASONS, THE COURT: [ 23 ] GRANTS the Application; [ 24 ] DECLARES that the security and the development of the child are still in danger; [ 25 ] REVISES and EXTENDS the Court order rendered on November 30, 2020; [ 26 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by Director of Youth Protection A; [ 27 ] ORDERS that the contacts between the child, the mother and the extended family be following agreement between the parties; [ 28 ] ORDERS that the child and the mother report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the child’s regard to put an end at the situation in which the security of development of the child is in danger; [ 29 ] ORDERS that the child, the mother and the aunt take an active

part in the application of the measures; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 31 ] RECOMMENDS that the child continue to meet with her psychotherapist and follow recommendations, including, if needed, a psychiatric assessment to better understand some of her behaviours and follow recommendations; [ 32 ] RECOMMENDS that the child be referred to an ARS worker as per the recommendations of her psychotherapist; [ 33 ] RECOMMENDS that the child continue to meet with Dr.

Saylor regarding her ADHD diagnosis and medications and follow recommendations; [ 34 ] RECOMMENDS that the child and the mother engage in family therapy and follow recommendations; [ 35 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment; [ 36 ] THE WHOLE for a period of six months. __________________________________ Lyne Morin , J.C.Q.

Me Frédérique Earls-Bélanger Attorney for the Director of Youth Protection Me Rosalie Duval Attorney for the child Date of the hearing : Signature of the judgment : June 21, 2021 June 29, 2021