2018 QCCQ 20709, 2018 QCCQ 20709

Protection de la jeunesse — 1811503 2018 QCCQ 20709 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-032033-169 DATE : July 3, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born on [ … ] , 2007 Director of Youth Protection A Applicant A Mother B Father ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to extend the measures ordered on May 11, 2017 entrusting the child to the foster home of her maternal aunt C with a social follow-up for a year along with other corrective measures. [ 2 ] Essentially, the Director submits that the child is progressing well in her current environment whereas the situation with her mother has not evolved in any significant manner. [ 3 ] Consequently, the Director is proposing that the child remain entrusted to the foster family of the maternal aunt along with other corrective measures for nine months.

Although a longer measure would appear in order, a change in circumstances within the foster family calls for a certain degree of prudence. Specifically, concerns have arisen regarding the foster father’s level of alcohol consumption. Although the foster parents are now separated, the foster father remains very much involved in the child’s life as well as that of her siblings who reside in the same home. [ 4 ] Although the mother is absent at the hearing, through her lawyer, she admits the state of endangerment and consents to the recommendations. [ 5 ] The father is absent.

His whereabouts remain unknown and he has no contact with his daughter. [ 6 ] The lawyer representing the child is of the opinion that the Director’s recommendations best meet the child’s needs. The Situation [ 7 ] Since the previous order, the aunt continues to ensure that all the child’s needs are met. She has maintained her cooperation with an educator for the purpose of addressing the child’s recurring behavioural issues and progress has been observed. [ 8 ] The child expresses unmitigated affection for her aunt as well as her siblings who reside in the same home.

She appreciates her environment and has stated her desire to remain in her current situation. [ 9 ] The aunt provides the child with opportunities to participate in prosocial activities (sports, dance, community centre programs) thereby contributing to the development of her social skills. [ 10 ] Over the course of the social follow up, the social worker developed concerns regarding the foster father’s degree of alcohol

consumption. Since then, the foster father has moved out of the home but maintains an amicable relationship with the aunt. He is present in the home on a regular basis in order to assist with the daily routine and to spend quality time with the children. [ 11 ] The child has attended art therapy but services were terminated when it became apparent that she was not willing to address her emotional issues.

She is aware, however, that therapy remains available if she so chooses. [ 12 ] At school, the child responds well to the structure of a classroom but demonstrates behavioural difficulties in unsupervised settings such as recess or lunch. Academically, she struggles somewhat and requires support. She is currently awaiting assessment for a possible Attention Deficit Disorder with Hyperactivity. [ 13 ] The mother has been inconsistent regarding her contact with the child and has not seen her since January of 2018 despite the multiple opportunities afforded her.

Her collaboration with social services has been minimal at best. Presently, she has broken off all contact with the social worker and refuses to provide her current contact information. [ 14 ] The mother’s boyfriend has attended some visits at the aunt’s house in the first months of the order.

As a result of inappropriate comments that he would have made to the child, he has been advised that his presence at the aunt’s home is no longer authorized. [ 15 ] The evidence as a whole confirms not only that a return to the mother’s care is unrealistic but that the child’s interest is best served by maintaining her in her current environment, as demonstrated by the parties’ adherence to the recommendations.

The length of the measures as proposed by the Director is justified by legitimate concerns that, it is expected, will have subsided by the end of the order. [ 16 ] UNDER THE CIRCUMSTANCES, [ 17 ] THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the child are still endangered; [ 20 ] ORDERS that the child be entrusted to the foster family of her maternal aunt C; [ 21 ] ORDERS that the frequency and modality of contacts between the child and her mother be determined by the Director; [ 22 ] ORDERS that the mother ensure that there is no contact between the child and D; [ 23 ] PROHIBITS the mother from being in the presence of the child while under the influence of alcohol or drugs unless with a medical prescription; [ 24 ] RECOMMENDS that the mother address her personal issues and report back to the DYP as to her progress; [ 25 ] ORDERS that the mother cooperate with the DYP including providing her new address; [ 26 ] ORDERS that the child undergo an ADHD assessment and that there be a follow through with respect to the recommendations; [ 27 ] WITHDRAWS from the parents the exercise of certain attributes of parental authority in regards to education, medical, extracurricular activities, travels and passport application and GRANTS the exercise of these attributes of parental authority to C; [ 28 ] AUTHORIZES the DYP to obtain and share information with professionals working with the family; [ 29 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and her family including the services of an educator; [ 30 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 31 ] THE WHOLE for a period of 9 months.

SIGNED IN TOWN A On July 11, 2018 __________________________________ KAREN OHAYON, J.C.Q. Me Dominique Douglas Attorney for the D.Y.P. Me Marc Morin

Attorney for the child Date of hearing: July 3, 2018 KO/lf