2020 QCCQ 9681, 2020 QCCQ 9681

Protection de la jeunesse — 206961 2020 QCCQ 9681 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 455-41-000932-152 DATE : September 22, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2009 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection A; Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ RECTIFIED JUDGMENT [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 11.2, 11.2.1 and 135 Y.P.A.).

Introduction [ 1 ] The Director is requesting for the revision of the Court order rendered on May 16, 2019. [ 2 ] By this order, the Tribunal declared the security and development of X still in danger for the motives of neglect for failing to meet the child’s basic physical needs, neglect on educational level and serious risk of neglect. [ 3 ] As protective measures, the Court entrusted the child to a rehabilitation center, taking notice that the Director’s choice is the A unit, and authorized the child’s integration into a foster family according to the evolution of the situation. [ 4 ] By this decision, the Court also authorized supervised contact with the mother, according to the modalities established with the Director, with a minimum frequency of once per month for a duration of three hours, authorized unsupervised contacts in the context of organized activities, took notice of the Director’s intention to clarify a long-term project for the child, excluding her return to her parents’ care and a return to her former foster-home care, ordered that the child receive all health and social services she may require, ordered various other measures and recommendations as well as a social follow-up for a period of one year. [ 5 ] Today, the Director considers that the security and the development of X is still in danger for the same motives. [ 6 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court maintain the child entrusted to a rehabilitation center and entrust the child to a foster family chosen by the Director as soon as the situation allows it.

[ 7 ] The Director also recommends that the Court authorize in the child’s favour, contact with her mother, supervised by a third party chosen by the Director, according to the modalities set by the Director, namely concerning the length, frequency and level of supervision, for a minimum of three hours per month, taking notice that unsupervised contacts will be authorized in the context of organized activities, order that the child receive all specific health care and health services required by her situation, take judicial notice of the Director’s intention of clarifying a long-term plan for the child, excluding a return to the mother’s care, and order a social follow- up for a period of one year. [ 8 ] At the hearing held on September 22, 2020, the mother is present and represented.

She does not contest the proposed measures. However, she disagrees with certain facts alleged in the Director’s motion and she asks for more contact with her child. [ 9 ] The father is still absent from X’s life and has not played an active

part in it for many years. The Court proceeds in his absence. [ 10 ] The child’s lawyer expresses her young client's wish to see her mother more often. X also wants to see her brother and sister.

Evolution of the situation [ 11 ] Since the last Court order, X has remained at [A unit] until August 2020 where she has been evolving positively. [ 12 ] Her progress has been tremendous. [ 13 ] She has participated in the adapted school program within the center. [ 14 ] Since the winter 2020, she has been benefiting from a psychological follow-up. [ 15 ] With the help of staff and her psychologist, she is now able to identify her feelings and shown empathy for others. [ 16 ] X is thus better able to subdue her behaviour. [ 17 ] So much so that a progressive integration in a foster home has started in August 2020. [ 18 ] By the beginning of the school year, she was fully integrated and has started to attend school half a day. [ 19 ] She can still stretch some limits and has pushed another student once, but she generally gets along with her schoolmates and is making friends. [ 20 ] As for her personal situation, the mother has maintained a certain level of stability. [ 21 ] She started consulting a psychologist in the winter of 2020. [ 22 ] There has been some miscommunication regarding the delegate’s access to her psychological follow-up that is now sorted out. [ 23 ] She maintained regular contact with X. [ 24 ] While in the center, X saw her brother and sister regularly under supervised visits at a frequency of once a month for 3 hours and takes the opportunity to talk to them on the phone. [ 25 ] Since she has integrated the foster home, the contacts have been maintained at the same frequency, but are now occurring nearer the mother’s home, in the Director’s office. [ 26 ] The Court finds that this frequency should be modulated in collaboration with all the parties, making sure that X does not interpret more contacts as a possibility to return home. [ 27 ] Her reactions will have to be monitored and the mother is aware and in agreement that we must respect X’s rhythm. [ 28 ] For this, the mother’s collaboration with the psychosocial follow-up remains essential. [ 29 ] The mother has offered a mitigated collaboration with the delegate.

Their relationship is strained. [ 30 ] The Court finds that the relationship between this worker and the mother has run its course and that a fresh start with a new worker would be beneficial in this file. [ 31 ] The Court urges the mother to concentrate on X’s wonderful positive progress which is due to three things: X’s efforts to improve, the readaptation and psychosocial services and the mother’s involvement in her daughter’s life. [ 32 ] All three elements are to ensure that X receives a response to her needs. [ 33 ] With this new partnership with the delegate, an appropriate response to X’s questions about her father will have to be given to her. [ 34 ] X is happy within her foster home and is proud of her progress at school. [ 35 ] Every effort must now be made so that she can continue to strive. [ 36 ] Having read the report and heard the mother’s and the delegate’s testimony, the Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the child X are still in danger; REVISES the Court order rendered on May 16, 2019, in the present file; ENTRUSTS the child to a foster family chosen by the Director of Youth Protection; AUTHORIZES , in the child’s favour, contacts with her mother, supervised by a third party chosen by the Director of Youth Protection, according to the modalities set by the Director of Youth Protection, namely concerning the length, frequency and level of supervision required, for a minimum of three hours per month; AUTHORIZES the Director of Youth Protection to consider increasing the frequency and modalities of contact with the mother, according to the child’s needs and to the child’s reaction; TAKE JUDICIAL NOTICE that unsupervised contacts will be authorized in the context of organized activities; ORDERS that the child’s mother take an active

part in the application of any of the measures ordered by the Court; ORDERS that the mother inform the Director of Youth Protection of any change in her situation; ORDERS that the child receive all specific health care and health services required by her situation; TAKES JUDICIAL NOTICE of the Director of Youth Protection’s intention of clarifying a long-term plan for the child, excluding a return to the mother’s care; RECOMMENDS changing the delegate assigned to the file; ORDERS that a person, working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the child, the child’s mother and the child’s father if he explicitly ask for it, the whole for a period of one year; ENTRUST the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Andréanne Lacasse Counsel for the DYP M e Pascale Gauthier Counsel for the youth M e Érica Gosselin Counsel for the mother Date of written judgment : November 23, 2020 Exhibits deposed: D-22 and D-23