2021 QCCQ 8964, 2021 QCCQ 8964

Protection de la jeunesse — 215507 2021 QCCQ 8964 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 105-41-000486-184 DATE: July 6, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2012 Child -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on October 21, 2020, in respect of the child in order for him to be entrusted to a foster family until January 31, 2022. [ 2 ] At the hearing, the mother is present and duly represented by a lawyer. The mother agrees with the recommendations of the DYP, with a heavy heart. [ 3 ] The father is absent, even if he was duly notified of the proceedings.

Regarding the child, after hearing the evidence, the child’s lawyer acting under a legal mandate agrees with the measures. [ 4 ] In the last judgment [1] , the child was entrusted to a rehabilitation centre. He could benefit from outings lesser than 15 consecutive days in a foster a family. In November 2020, his integration started on weekends in a foster family. At first, he displayed some behaviours showing his anxiety. However, he adapted quickly to his new environment and the behaviours he exhibited at the beginning have dissipated.

The child is conflicted between the love he feels for his mother as well as his stepfather and that he feels more and more at ease with his foster family. At school, he is doing well and shows improvement. He also benefits from a psychosocial follow-up, once a week, since October 2020. [ 5 ] The father is not involved at all in his son’s life. The child considers his stepfather Mr. C to be his father. The child has regular supervised visits with his mother and stepfather as well with his siblings. In December 2020, there is a decrease in supervision because everything goes well.

After an incident which took place in April 2021 involving the stepfather, full supervision is reinstated regarding the child. The stepfather minimizes the impact of this event, on the child, unlike the mother. [ 6 ] Between December 2020 and May 2021, they did not visit the child in [Town A], since the stepfather had to serve a conditional sentence and the mother was not comfortable driving alone. [ 7 ] Since the measures were put in place, the mother and stepfather collaborate well with the DYP. They are easy to communicate with, and they attend every scheduled meeting.

However, when attempting to broach the subject of why DYP is involved with their family or what they can improve on, they quickly become on the defensive and react strongly. It is difficult for them to be questioned about their parental skills because they believe they do everything right. [ 8 ] The mother and stepfather deny many allegations even if the facts were retained in a court order. They also deny using drugs

other than cannabis and refuse any follow-up regarding it. Therefore, it is difficult to progress with both of them. Since they were informed of the recommendations of the child’s siblings, the collaboration is fragile, but they still follow the rules regarding contacts and are fit to receive the child. There are concerns about the mother’s mental health, but she just started a follow-up with a social worker since mid-April 2021.

Regarding the stepfather, he participates in an anger management follow-up at [organization A]. [ 9 ] We have to acknowledge that the mother and stepfather’s situations have been stable regarding their apartment as well as the contact with the children. They provide a clean well-adapted environment and spend quality time with them. On the other hand, the child experienced several traumatic events in the last years and many changes of environment.

As mention in the psychosocial report, “ the neglect and abuse he suffered in his family environment in 2019 and before have certainly also had major repercussions on the child’s environment .” Moreover, an assessment regarding the child’s attachment style concludes that he has a disorganized attachment pattern [2] . [ 10 ] The child made great improvement regarding the way he expresses his emotions and anger. He deserves to be happy and to be a child. At this moment, he needs a stable, peaceful and secure environment in order to develop adequately.

The child is doing well in the foster family with whom he has a good relation and feels safe. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for revision and extension of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 13 ] REVISES AND EXTENDS the court order rendered on October 21, 2020, in this file; [ 14 ] ORDERS that the child be entrusted to a foster family designated by the DYP until January 31, 2022; [ 15 ] ORDERS that the contacts between the child and his parents be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 16 ] ORDERS that the contacts between the child and Mr.

C be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 17 ] MAINTAINS the personal relationships of the child with his siblings; [ 18 ] PROHIBITS the mother from exposing the child to any form of violence; [ 19 ] RECOMMENDS that the mother involves herself in psychological counselling for her personal difficulties, as long as deemed necessary by the professionals involved; [ 20 ] ORDERS that the child receives specific health care and health services, especially a psychological follow-up, an external rehabilitation services and a child psychiatric follow-up; [ 21 ] AUTHORIZES that the child benefits from stays for a period up to five (5) days per month in a rehabilitation centre designated by the establishment operating the child and youth protection centre, if the situation requires it; [ 22 ] ORDERS that the child’s parents actively participate in the application of the measures ordered; [ 23 ] ORDERS that a person working for an establishment provide aid, counselling and assistance to the child and his family until January 31, 2022; [ 24 ] ENTRUSTS the situation of the child to the DYP of the integrated health and services centre A for the carrying out of the present judgment; [ 25 ] ORDERS to individuals covered by this order to comply. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes

for the child Me Ariane Cayer for the mother Mr. B (absent) the father Written judgment filed on July 9, 2021.