2014 QCCQ 15192, 2014 QCCQ 15192

Protection de la jeunesse — 142982 2014 QCCQ 15192 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 615-41-001868-131 DATE: July 17, 2014 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2006 MR SOCIAL WORKER 1, youth protection worker, exercising his profession at the Centre jeunesse A having a place of business at […], in A town, District A, […] Petitioner and MRS A, address unknown in Province A Mother and MR B, residing and domiciled at […], in A town, District A, […] Father and MRS C, residing and domiciled at […], in A town, District A, […] Paternal grandmother, Impleaded party ______________________________________________________________________ JUDGMENT (section 95 (1 and 2) YPA, CQLR c.

P-34.1 ) ______________________________________________________________________ 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 YPA). [ 1 ] Mr SOCIAL WORKER 1, delegate of the Director of Youth Protection A, asks the Court to review and extend the decision rendered on November 28, 2013 concerning X, born on […], 2006.

He asks for the child's placement in a reception centre for a year. [ 2 ] At the day fixed for the hearing on April 23, 2014, the father was present, but he was absent on June 4, 2014. The grandmother, Impleaded party, was present and represented by Me Simon Corriveau on June 4, 2014. Me Isabelle Charron represents the child and Me Valérie Martel the petitioner.

The mother is absent. [ 3 ] The hearing was postponed from April 23 to June 4, 2014 to allow the grandmother to be assisted by a lawyer. [ 4 ] The evidence of new facts is made with the admissions of both parties, diverse reports filed and the testimonies of Mr SOCIAL WORKER 2, social worker at the Native Centre, Mr SOCIAL WORKER 3, educator at the reception centre, the petitioner Mr SOCIAL WORKER 1, and in defence, the testimony of Mrs C. [ 5 ] Even is she admits most of the allegations, the grandmother wants the child's return as soon as possible and so does the child. [ 6 ] The evidence reveals that the child's father and the grandmother still have conflicts.

On December 3, 2013, an altercation occurred and the police had to intervene. Following the incident, the father threw his mother out of his apartment. On December 10, the social worker learned that the grandmother was laid off from her job because she showed up while under the influence of alcohol. [ 7 ] From November 29 until January 21, 2014, the grandmother refused to cooperate with the social worker. She refused to comply and did not see the child for over two months. She started to visit the child with supervision once every two weeks on February 7, 2014.

She called him irregularly in the foster home. [ 8 ] The child's behaviour has deteriorated since February. He is more oppositional and makes frequent crisis. He started being aggressive at school last March. He also had important tantrums in the foster family twice in March. He hit another child in the face twice, screamed and broke some objects. [ 9 ] Following those incidents, the foster family withdrew their consent to foster him. The behavioural problems of X are too severe for them.

[ 10 ] During the placement, the child had to meet Mrs D, the psychologist. He met her seven times, but because of his lack of collaboration, the child was referred to a neurologist, Dr Jacques. [ 11 ] The grandmother also met a psychologist for evaluation, but only on March 13, 2014. [ 12 ] The mother is not involved in the child's life, and the father who lives in A town, has a lot of conflicts with his mother. He does not collaborate regularly with the social worker, but he let her know that he does not want the child be returned with the grandmother. [ 13 ] The child's behaviour is very problematic.

He needs physical contentions to stop him while in crisis. He needs constant supervision and he becomes more and more aggressive.

He presents many symptoms associated to an attachment disorder and needs to be evaluated by a psychiatrist as recommended by the neurologist. [ 14 ] As the child needs stability and security and no emotional involvement, as he behaves better with rehabilitation services and is able to attend school, the Court believes he must remain at the reception centre until the end of June 2015. [ 15 ] Meanwhile, the grandmother will have to collaborate with the social worker and to develop her parental capacities in the way recommended by Dr Abel Edmond is his evaluation.

She may have regular contacts with the child as long as they are positive. [ 16 ] Considering the whole evidence, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of X are still in danger; [ 19 ] ORDERS the placement of X at the reception centre until the end of June 2015; [ 20 ] ORDERS the Director of Youth Protection to provide all the medical evaluation and cares the child may need; [ 21 ] ORDERS the Director of Youth Protection to supervise all the visit and access rights of the father and the grandmother to the child (duration, frequency and presence of third party if needed); [ 22 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the grandmother and the father until the end of June 2015; [ 23 ] WITHDRAWS the parental authorities and AUTHORIZES the Director of Youth Protection to sign all medical, school and social authorizations required for the child; [ 24 ] ORDERS any police officer to collaborate in the execution of the present order; [ 25 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Valérie Martel Attorney for the petitioner Me Simon Corriveau Attorney for the paternal grand-mother Me Isabelle Charron Attorney for the child Date of hearing: June 4, 2014