2015 QCCQ 16585, 2015 QCCQ 16585

Protection de la jeunesse — 154539 2015 QCCQ 16585 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-006836-128 DATE : June 3 rd 2015 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 2002 [SOCIAL WORKER 1] , in capacity authorized person by the Youth Protection Director Declarant and A, Mother of the child JUDGMENT Section 95(1) of the Youth Protection Act 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 11.2.1 and 135 Y.P.A. ] [ 1 ] The Court is seized of a motion for revision of a Court decision under section 95(1) of the Youth Protection Act. [ 2 ] In the support of the procedure, the petitioner acting for Youth Protection Director asks the revision of the Court order rendered on June 16, 2014 for the following new facts, as it appears in paragraph of the motion: “

a) Since the last Court order, the child remained in the same foster family;

b) The mother is not implicated in the child’s life;

c) Although the child established a relationship with her foster parents, she nourishes the hope of her mother’s return;

d) During the Autumn 2014, the child has had inappropriate sexual behaviour towards another child in the foster home;

e) On March 2 nd , 2015, the foster father died and the child is very affected by this loss;

f) On April 1 st , 2015, an argument occurred between the child and her foster mother during which;

i) the child used extreme violence towards another child that wanted to protect the foster mother; ii) the child expressed suicidal thoughts and could give details on what she would do to commit suicide; iii) the child locked herself in her room and a police intervention, including physical restraint, was necessary to bring her to the hospital;

g) On that date, the child was brought to Charles-Lemoyne Hospital and was hospitalised;

h) Your petitioner is informed that the child will obtain shortly her discharge from the hospital;”

[ 3 ] The child, through her attorney, admits some of the allegations of the declaration and agrees to the amended conclusions. She contests having behaviour problems in the foster family as reported in the report. She contests that the contacts with her grandmother be supervised, because she wants to be able to contact her on Facebook. [ 4 ] The mother, through her attorney, ignores the majority of the allegations of the declaration and agrees to the amended conclusions. [ 5 ] By consent of the parties, the following reports are filed: D-2 Report for the Court written by [social worker 1], dated April 29, 2015.

D-3 Letter form Delphine Boucher, dated May 5, 2015. D-4 “Rapport d’évaluation” written by Martin Gagnon, dated December 18, 2015. [ 6 ] On April 2 nd , X has to be entrusted in a reception center. The Court agrees with the clinical opinion of the social worker, Mrs [social worker 1], as she wrote on her report: “X is a youth that suffered many losses. She is unable to start the grieving process of her mother, thinking that bonding with another adult means substituting her love for her mother to that person.

She has difficulty understanding that she can love and invest in multiple relationships at once without being unfaithful to her mother. When in a crisis, X feels a great sense of despair and portrays herself as a victim. In these moments, she feels that no one cares for her and no one wants to help her, and that’s when her vulnerability is highest. X still needs time in a neutral environnement to continue grieving for the loss of her foster father. She needs to connect and bond with other adults who will be able to answer her needs on a long-term basis.

There adults will have to provide a structure and routine for her, but not focus on the affective aspect of the relation, without however being frigid, so as to help the child develop a healthy bond without the loyalty conflict.” [ 7 ] In view of the admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 8 ] GRANTS the present motion; [ 9 ] DECLARES the security and development of the child X still in danger; [ 10 ] ENTRUSTS the child to a reception center chosen by the Director of Youth Protection of A; [ 11 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and her family; [ 12 ] ORDERS that the contacts between the child and her mother be upon agreement between the parties and under the supervision of a third party determined by the Director and that the mother meet with the social worker prior to the establishment of any contact; [ 13 ] ORDERS that the contacts between the child and her maternal grandmother be upon agreement between the parties (the child and the educator) concerning frequency, modalities and level of supervision; [ 14 ] ORDERS that the child receive health care and services required, namely that she benefit from a psychological follow-up; [ 15 ] WITHDRAW the exercise of certain attributes of the parental authority from the mother and ENTRUST this authority to the Director of Youth Protection of A to sign all authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport; [ 16 ] ORDERS that the child and her mother take an active

part in the measures ordered, to correct the situation and more particularly that they implicate themselves in the intervention plan of the Director; [ 17 ] FORBIDS any contact between the child and Mr. B; [ 18 ] ENTRUSTS situation of the child to the Director of Youth Protection of A for the execution of the present judgment; [ 19 ] THE WHOLE , for six months. [ 20 ] THE WHOLE without costs. __________________________________ MIREILLE ALLAIRE, J.C.Q. Me Bruno Des Lauriers Attorney for the child

Me Isabelle Lyonnais Attorney for the declarant Me Julie Deschênes Attorney for the mother