2023 QCCQ 6695, 2023 QCCQ 6695

Protection de la jeunesse — 233574 2023 QCCQ 6695 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-001061-206 DATE: June 2, 2023 ______________________________________________________________________ BY THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X, born on [...], 2013 Child and [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A Mother ______________________________________________________________________ JUDGMENT FOR REVISION (

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.).

Introduction [ 1 ] In accordance with the requirements 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 June 2, 2023. [ 2 ] The Director of Youth Protection (DYP) asks the Court to revise a decision rendered on September 26, 2022, in the situation of X, born on [...], 2013. [ 3 ] His security and development were declared endangered pursuant paragraphs b) 1 o iii and b) 2 o of

section 38 of the Youth Protection Act [1] . He was then entrusted to a rehabilitation centre with a possible reintegration in his foster family if the situation allows it, the whole until June 30, 2023. DYP now recommends to entrust the child in a foster family with different measures of help until June 30, 2024. Questions in litigation [ 4 ] Are the security and development of the child still compromised? In the affirmative, do the recommended measures answer his needs and are they in his best interest? Context and Analysis [ 5 ] X is a 9-year-old boy.

He was entrusted to group Home A in [Community A] considering his behavioural issues. Previously he was entrusted to the foster family of Mrs. B with his twin brother in New Brunswick. [ 6 ] The child is proud of his culture and is very happy to be in the North. His sister, and biological mother, Mrs. C, and her partner were approved as a foster family for X and his twin brother Y. The goal is now to gradually integrate the child in his new foster family. [ 7 ] This child has a lot of traumas. The neurological assessment reports a possible Foetal Alcohol Syndrome Disease.

He also needs a lot of services as a psychologist, an educator, and a psychiatrist. He needs to receive those services up North. [ 8 ] Mrs. B mentioned that she had to make the difficult decision to give up her commitment as a foster parent to the child but

wishes to maintain a meaningful connection with him. [ 9 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the proof is sufficient to declare that the security and development of the child are in danger and that the measures suggested meet his needs and deemed to be in his best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] REVISES the decision rendered on September 26, 2022; [ 12 ] DECLARES that the security and development of X, born [...], 2013, are still compromised pursuant paragraphs b) 1 o iii and b) 2 o of

section 38 of the Y.P.A.; [ 13 ] ENTRUSTS the child to a foster family, namely the one of Ms. C; [ 14 ] ORDERS that the mother report, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 15 ] ORDERS that the mother take an active

part in the application of any of the measures designed to put an end to the situation in which the security or development of the child is in danger; [ 16 ] ORDERS that the child receive specific health care and services, such as any assessment or follow-up required by the ergo- therapist, the speech therapist, the psychiatrist, the neuropsychologist and by the psychologist, as long as deemed necessary by the professionals; [ 17 ] ORDERS that the child benefit from the presence of an external educator; [ 18 ] ORDERS that any other conclusions or recommendations made by the specialists be put in place; [ 19 ] ORDERS that the mother remain sober and without any violent behaviour in the presence of the child; [ 20 ] ORDERS that the mother seek help through the Social Services or another resource deemed appropriate concerning her substance abuse, parental capacities and personal issues; [ 21 ] ORDERS that the contact between the child and the mother be determined by the parties, meaning the mother, the foster family and the Director of Youth Protection, as for the modalities, the frequency and the degree of supervision; [ 22 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement in the services provided; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and to the family; [ 24 ] ORDERS to any peace officer to collaborate in the execution of this enactment, if requested by the Director; [ 25 ] ENTRUSTS the situation of the child to the Director who shall then see that the measure is carried out; [ 26 ] THE WHOLE until June 30, 2024. __________________________________ Dominique Wilhelmy, J.C.Q.

M e Camille Striganuk For the applicant M e Geneviève Lucas For the child M e Ève Laoun For the mother Date of hearing: June 2, 2023