2018 QCCQ 18228, 2018 QCCQ 18228

Protection de la jeunesse — 189370 2018 QCCQ 18228 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] LOCALITY […] Youth Division No. 640-41-001911-152 DATE: August 23, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE LUCILLE BEAUCHEMIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF X, born on […], 2011 Child ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A child and youth protection centre Applicant and A Mother and B Father ______________________________________________________________________ JUDGMENT (

section 95 , Youth Protection Act , CQLR, c. P-34.1) ______________________________________________________________________ JB3406 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 guilty of an offence and is liable to a fine (ss 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection (the “Director”) submitted an application to the Court for the extension of the decision rendered on August 15, 2017, entrusting the child to a foster family until August 31, 2018, recommending that the Director determine a life plan for the child, and ordering various assistance measures, including follow-up by social services for the same period. [ 2 ] The Director alleged the following facts.

Since the last Court hearing, the parents have not sought help from social services for their drinking and personal issues. They have not had any contact with the child. On February 2, 2018, the child was placed in the new foster family of C and D, who are already fostering the child’s sibling until he is of full age. Since that date, the child has been doing well in her foster family. The frequency of tantrums has decreased. From June 16, 2018, to August 12, 2018, the child went to Nova Scotia with the family. The foster family benefits from the support of an external educator.

The foster parents are willing to take care of the child for a long-term placement but ask for more time to make sure that they can respond to the child’s needs. [ 3 ] The Director recommends that the Court entrust the child to a foster family until August 7, 2019, and that it order several assistance measures, including follow-up by social services for the same period. [ 4 ] The mother knows nothing of the facts alleged and agree with the Director’s recommendations. The father was aware of the hearing. He was served with the application and he was reminded by his father.

The father is nowhere to be found. [ 5 ] The evidence reveals the following facts. The child is six years old. The intensity of her tantrums scared E, her previous foster family. Those tantrums are described in the Revision Report, at 4:

As soon as X would have to respect a rule or an instruction, she could hit, scratch, be aggressive with adults, other children or babies and make herself vomit. Those tantrums could last for 15 to 60 minutes. [ 6 ] In February 2018, both the Director and the foster mother agreed that the environment did not respond to the child’s need for stability and structure. The Director moved the child to the foster family who fosters the child’s sibling. The child gets along well with her sister.

Stability is the first objective we need to consider, combined with a structured environment focusing on routine and predictability. If the elements are implemented, we believe that in time, she will develop a more secure attachment and will be able to trust the caregiver again. With the D’s household and her sister E she seems to have finally found a safe place where she can slowly breathe and experience secure attachment. The foster parents have a very patient approach and have demonstrated the capacity to seek for support when needed.

They were able to put a structure that is predictable for X in order to reduce the sources of anxiety. Because the placement is recent, X is still adapting and testing boundaries, but the frequency of the tantrums has decreased. … Even though the future looks bright, the complexity and intensity of X’s behaviours also makes the situation precarious. So time is needed to determine if the environment corresponds to the child’s needs. [ 7 ] The mother did not communicate with the Director to get news from her child.

She now lives at her parents’ house. [ 8 ] The father lives in his own family where drinking and drug use are the rule. When the Director calls him, he asks for news from X and asks for contact, but he does not call back. [ 9 ] The parents’ situation is described in the Revision Report as follows, at 6: The parents do not recognize their problems and they do not show any interest to change. For those reasons, we still think that X’s chance to return under her family’s care is unlikely.

The parents were well informed that they need to be serious about their involvement and demonstrate that they are able to prioritise their daughter’s needs. Unfortunately, their personal issues are quite present and are an obstacle to the well-being of a child, especially one like X who has tremendous vulnerabilities. [ 10 ] Since 2012, the child has been to 52 different foster homes . This has caused her significant vulnerabilities. She cannot stand changes in her routine. Who can she trust? She has a long way to go and needs solid help to achieve it.

The Director should seriously question the assessment that is made of a foster family before entrusting a child to them. [ 11 ] The child has the right to continuity of care, stable relationships and stable living conditions corresponding to her needs and age, on a permanent basis. The child’s right has been wronged by the Director. [ 12 ] The foster parents agree to invest themselves in the child in the long-term. They are asking for a year with the child before making a final decision. That must be respected.

THEREFORE, THE COURT: [ 13 ] ALLOWS the application; [ 14 ] DECLARES that the security and development of the child X are still in danger.

AS MEASURES DEEMED TO BE IN THE CHILD'S INTEREST, THE COURT: [ 15 ] ORDERS that the child be entrusted until August 7, 2019, to a foster family chosen by the institution operating a child and youth protection centre; [ 16 ] SUSPENDS all contact between the child and her parents; [ 17 ] RECOMMENDS that the parents seek help through social services for their drinking and drug use problems; [ 18 ] ORDERS that the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 19 ] ORDERS that the Director of Youth Protection prepare a life plan for the child; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until August 7, 2019, the said aid to include the services of an external educator for the benefit of the child and her foster family; [ 21 ] ENTRUSTS the situation of the child X to the Director of Youth Protection of the A child and youth protection centre, who will see that the measures are carried out.

SIGNED IN TOWN A October 9, 2018 LUCILLE BEAUCHEMIN J.C.Q. Mtre. Ch Bourgeois-Lessard Counsel for the Director of Youth Protection Mtre. Cassandra Neptune Counsel for the child Mtre. Angèle Tommasel Counsel for the mother Date of hearing: August 23, 2018