2019 QCCQ 19317, 2019 QCCQ 19317

Protection de la jeunesse — 198133 2019 QCCQ 19317 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000751-179 DATE: September 26, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2014 child and A B parents ______________________________________________________________________ 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 September 26, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Lucille Beauchemin on December 13, 2018. [ 3 ] Today, the Director recommends that the child remain entrusted to a foster family and that support measures be ordered until August 8, 2020. [ 4 ] The parents and the child’s attorney agree with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 6 ] The child remained placed in the foster family of Ms. C, his maternal grandmother, in Town A. In December 2018, the grandmother informed the Youth Protection worker that she could no longer care for the child and his brother. [ 7 ] On March 8, 2019, the child and his sibling were transferred to the foster family of the paternal aunt, Ms.

D, in Town B. [ 8 ] In May 2018, as his paternal aunt could not keep him, the child was transferred successively to two different foster families. [ 9 ] Concerns were reported about the child sexually acting out. He has been seen kissing another boy from the same foster family. He expressed having seen his parents having oral sex together. He exposed his penis to children at the daycare. [ 10 ] In foster care and in the community, the child had several crisis with emotional uncontrollable outbursts.

[ 11 ] The child is functioning more adequately within the structure of his daycare. [ 12 ] On July 16, 2019, the child was assessed by Dr. Joseph Beltempo, psychologist. The following is reported in his evaluation: (The child) is quite an intelligent boy and above the 60th percentile for his stated age.

Much of his disruptive and oppositional behavior can be generally tied into the high exposure to conjugal violence and sexual activity between the parents. (…) In observing (the child), it is quite clear that he is showing quite numerous signs of attentional deficits with hyperactivity (ADHD). (The child) also shows many signs of oppositional, impulsive behavior. Generally, he does not listen to adults in authority. He has emotional outbursts and does not respond well to limit setting. He pretty much does what he wants to do.

He seems to overpower adults by becoming aggressive and intimidates children with violence or aggressive behavior. (…) (…) It is not clear whether he actually shows any signs related to Fetal Alcohol Spectrum Disorder. [ 13 ] Dr.

Beltempo made several recommendations for the child: • a more in depth evaluation for a potential Fetal Alcohol Spectrum Disorder; • play therapy with a psychologist; • constant supervision and boundary setting in all environments; • parenting in a neutral and not confrontative way; • schooling in a small group setting; • accompaniment by a shadow/educator if possible [ 14 ] On July 17, 2019, the child was returned to the foster family of his paternal aunt, Ms. D, in Town C. [ 15 ] The child started attending school in Town C in September 2019.

For now, he only attends half-days as he needs one on one/shadow supervision. The child is receiving support services in ergotherapy and in speech therapy. He is being followed by a pediatrician and by a pedopsychiatrist. [ 16 ] The parents still have issues with alcohol consumption. [ 17 ] The mother has not gone to Centre A.

On July 9, 2019, the mother informed the Youth Protection worker that she was on a waiting list to attend the Centre B and the [Centre C]. [ 18 ] When she is sober, she can respond to the child’s needs. [ 19 ] On July 6, 2019, the police had to intervene as the mother had made threats to the father’s girlfriend, E.

During the incident, the mother threw rocks at the father and punched him in the face. [ 20 ] On July 11, 2019, the police had to intervene as the mother was causing disturbances. [ 21 ] In July 2019, the mother started a new employment as a housekeeper. [ 22 ] She was incarcerated on two occasions (from October to November 2018 and from March to April 2019). [ 23 ] The father went to one meeting with social services.

He reports having decrease his alcohol consumption. [ 24 ] When the child visits the father, he is able to provide proper supervision. [ 25 ] Several meetings were held with the father in order to assess the possible integration of the child to his home. The father has not mobilize himself to facilitate this project. [ 26 ] The parents report no longer being in a relationship but this remains to be clarified. They still have moments were they have conflict with one another.

The mother reported to the Youth Protection worker that in August 2019, the father stayed with her overnight. [ 27 ] The parents are generally collaborating with the Director. The parents still minimize the importance of the impact of their alcohol consumption. On occasions, it has been difficult to reach them. They also missed appointments scheduled with the Youth Protection worker.

Since July 20, 2019, the father has not contacted the Youth Protection worker. [ 28 ] The mother and the father have not mobilized themselves sufficiently to have the child return to their care. [ 29 ] The child needs to evolve in a loving, structured and stable environment. At this point, the child’s foster family is able to provide for him many needs. THEREFORE AND FOR THESE REASONS, THE COURT: [ 30 ] GRANTS the application for extension; [ 31 ] DECLARES that the security or the development of the child is still in danger;

[ 32 ] EXTENDS the order rendered on December 13, 2018; [ 33 ] ORDERS that the child be entrusted to a foster family; [ 34 ] TAKES JUDICIAL NOTICE that the Director chose the foster family of Ms. D; [ 35 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 36 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 37 ] ORDERS that the parents remain sober in the presence of the child; [ 38 ] ORDERS that the parents refrain from engaging in any form of violence or aggression in the presence of the child; [ 39 ] RECOMMENDS that the mother seek help through the Social Services or another resource deemed appropriate for her substances issues; [ 40 ] RECOMMENDS that the parents seek help through the Social Services for their relationship issues and anger management; [ 41 ] AUTHORIZES the Director of Youth Protection to access the information regarding the parents’ presence at appointments with professionals and their level of involvement in the services provided; [ 42 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as for the modalities, frequency and degree of supervision; [ 43 ] ORDERS that the contacts between the children and their siblings be encouraged; [ 44 ] ORDERS that the Director of Youth Protection ensure that the recommendations made by Doctor Beltempo be followed; [ 45 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 46 ] THE WHOLE until August 8, 2020; [ 47 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mrs. Laurence Migué Counsel for the child Mtre Angèle Tommasel Counsel for the mother Mtre Nada Boumeftah Counsel for the father Date of hearing: September 26, 2019