2016 QCCQ 19738, 2016 QCCQ 19738

Protection de la jeunesse — 1610393 2016 QCCQ 19738 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No. 525-41-021739-081 DATE: October 21, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE PATRICE HURTUBISE J.C.Q. ______________________________________________________________________ In the situation of: X (born [...], 2006) - and - DIRECTOR OF YOUTH PROTECTION A Petitioner - and - A B Parents–respondents ______________________________________________________________________ JUDGMENT [1] (section 95, Youth Protection Act ) [ 1 ] JH5272 The Court is seized of an application for the review of an order rendered by the undersigned on May 16, 2016. [ 2 ] The Director recommended that X’s placement in a rehabilitation centre continue for the next six months.

The parents agreed to the placement, but would like to resume custody of their child. [ 3 ] X’s integration into the home of C did not work out. The child’s behaviour deteriorated. She became increasingly difficult to control, sometimes even acting self-destructively. [ 4 ] At the same time, Ms. C continued to show ambivalence about assuming care of the child on a full-time basis. [ 5 ] On August 24, the Court suspended X’s reintegration and maintained her in a rehabilitation centre.

Since then, her behaviour has calmed down and the quality of her contact with C has greatly improved. [ 6 ] It is noted that the parents remain involved and see their daughter regularly. They ask to resume custody of her eventually.

Unfortunately, they have not shown that their condition, stated in the judgment of last May, has progressed in any manner whatsoever. [ 7 ] Barring a reversal in the situation, which no one expects at this time, it would be dishonest to let the parents believe that they may one day have custody of their child. [ 8 ] The Director’s plan is to find a foster family over the coming months so that the child’s integration can take place some time later, while maintaining meaningful contact with both C and the parents. [ 9 ] That proposal appears to be in X’s interest.

Action must be taken quickly to find an appropriate resource. Bear in mind that X has been living in an institutional environment for over two and a half years. FOR ALL THESE REASONS, THE COURT: [ 10 ] GRANTS the petition; [ 11 ] DECLARES that the security and the development of X are still compromised; [ 12 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out;

[ 13 ] ORDERS that X remain entrusted to a rehabilitation center; [ 14 ] RECOMMENDS that the Director start looking for a foster family; [ 15 ] ORDERS that contacts between X and C take place following modalities to be established by the Director at a minimum of once a week; [ 16 ] ORDERS that contacts between X and her parents take place following modalities to be established by the Director at a minimum of once every 2 weeks; [ 17 ] ALLOWS the Director to organize contacts with an eventual foster family; [ 18 ] ORDERS that X continue her therapeutic process; [ 19 ] ORDERS that aid, counsel and assistance be provided to the child and her parents; [ 20 ] THE WHOLE for 6 months.

Signed in City A, November 24, 2016 ________________________________ PATRICE HURTUBISE J.C.Q. Me Marie-Josée Paiement Attorney for the DYP Me Anna Colarusso Attorney for the child Me Josée Lefebvre Attorney for the mother Date of hearing: October 21, 2016 [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.) .