2019 QCCQ 19963, 2019 QCCQ 19963

Protection de la jeunesse — 198108 2019 QCCQ 19963 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” No: 525-41-033467-184 DATE: October 21, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2018 child and A mother ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 21, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered on December 13, 2018. [ 3 ] Today, the Director recommends that the child remain placed in a foster family and that support measures be ordered for a period of nine months. [ 4 ] The mother is in agreement with the Director’s plan but would like for the child to be registered in his sister’s daycare service. [ 5 ] The child’s attorney also agrees with the Director’s recommendations.

Question in litigation [ 6 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The child integrated the foster family where is older sister resides. He started forming an attachment to his foster parents, however on May 29, 2019, they asked that he be transferred to a different resource as he exhibited important behavioural challenges and developmental delays. [ 8 ] On […], 2019, the mother gave birth to the child’s brother. The mother did not seek pre-natal care until the last few weeks of her pregnancy.

On April 8, 2019, the mother signed a Provisional Placement Agreement entrusting the child’s brother to a foster family. This placement was extended by the Tribunal on a provisional basis. [ 9 ] The mother has decided not to return to [organism A] with the child’s brother. At the end of March 2019, she returned living with her mother and her siblings. [ 10 ] The mother visited the child on a more regular basis. She has not yet demonstrated her ability to take charge of him on a full

time basis. During visits, she does well with concrete tasks but still struggles with stimulation, despite receiving modeling and tools. The mother recognizes that she still needs support regarding the structure, stimulation and discipline. She recognizes that presently she is unable to manage the child’s behaviours. [ 11 ] The mother does not call the foster families to speak to the child. She perceives that she is bothering the foster parents. [ 12 ] Despite the previous recommendations, the mother is not yet followed by a mental health specialist.

She is now waiting for an appointment with a psychologist that was referred to her trough the SIPPE Program. [ 13 ] The mother took steps to participate in a parenting course that was to begin in July 2019. She took

part in two sessions then stopped attending. During her testimony, the mother reported developing her parental abilities with the support of the SIPPE Program. She remains open to eventually participate in a more formal parenting group. [ 14 ] The mother worked at Tim Horton and is now working at [Company A]. She wishes to find a new apartment for November 2019, if possible. She has yet to stabilize her residential situation. [ 15 ] On August 9, 2019, the child was transferred to his new mixed bank foster family (B and C). The foster family will receive the support from an educator to facilitate this integration.

He attends a daycare service four days per week. [ 16 ] During her testimony, the worker reported that it would be beneficial for the child to be registered in the CPE A as speech therapy services are provided.

The child would also be in contact with his sister, who attends the same daycare service. [ 17 ] Steps were taken for the child to be referred for a Speech Assessment and at the Autism Clinic at the A Hospital. [ 18 ] The maximum period of placement for the child, as mentioned in the Youth Protection Act , has expired since January 10, 2019. [ 19 ] Considering the recent changes in the situation, the Director is unable to present an alternative permanent plan for the child at this point.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for extension; [ 21 ] DECLARES that the security or the development of the child is still endangered; [ 22 ] EXTENDS the order rendered on December 13, 2018; [ 23 ] ORDERS that the child be entrusted to a foster family; [ 24 ] RECOMMENDS that the foster family be the one chosen by the Director of Youth Protection being the foster home of B and C; [ 25 ] ORDERS that the frequency and modalities of contacts between the child and his mother be determined by the Director of Youth Protection, including supervision if deemed necessary and TAKES JUDICIAL NOTICE that, at this point, weekly visits are organized; [ 26 ] ORDERS that the child receive all necessary services, including medical, health, dental, therapeutic, speech assessment and autism assessment; [ 27 ] ORDERS that the mother continue to collaborate with the Director of Youth Protection; [ 28 ] RECOMMENDS that the child attend the same daycare (CPE

A) as his sister Y as soon as possible; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 30 ] THE WHOLE for a period of nine months; [ 31 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q. Written and signed on October 23, 2019 /cd Mtre Isabelle Loranger Counsel for the Director of Youth Protection Mtre Alec Fafard Counsel for the child Mtre Josée Lefebvre Counsel for the mother Date of hearing: October 21, 2019