2010 QCCQ 18494, 2010 QCCQ 18494

Protection de la jeunesse — 106941 2010 QCCQ 18494 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC [...] Youth Court Division N°: 525-41-021118-088 Date: December 17, 2010 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born [...] , 2000 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Youth and Family Centres A Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 95-95.1 of the Youth Protection Act (L.R.Q., C.P-34.1) JD2620 [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of December 17, 2010, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with an application for revision of an order rendered on October 26, 2009, by the undersigned whereby the now ten year-old child, X , was entrusted to foster care with aid, counsel and assistance, as well as other corrective measures, until August 21, 2010. [ 3 ] The Court was also presented with a similar application regarding the child's older sister. [ 4 ] The facts alleged in support of the motion are as follows: 3.1 the child remained in a foster home; 3.2 the child has benefited from psychotherapy at the local CSSS; 3.3 the child's pediatrician has changed his medication and this has greatly reduced the child's aggression; 3.4 although there has been noted improvement, the child continues to experience difficulty in school academically and socially; 3.5 the mother has maintained regular contact with the child; 3.6 the mother is taking steps to correct her situation, more particularly but not restrictively in that:

a) the mother is in the process of completing the drug treatment program at desintoxication center A;

b) to the exception of one occasion, the mother has tested negative to the random drug tests;

c) the mother has begun to assume more responsibility for the child;

d) the mother has maintained full-time employment; 3.7 the father has remained minimally involved; 3.8 given the mother's progress and gains, a reintegration of the child to the mother's care along with support services is warranted (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, and considering continued progress since the filing of the motion, the Director recommends that the child be entrusted to his mother's care, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 6 ] An interim decision was rendered on September 13, 2010 whereby the child was entrusted to his mother's care for a period of almost three months. [ 7 ] At the hearing on the merits, on December 17, 2010, the mother, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts and consented to the proposed measures. [ 8 ] The father, although duly advised of the hearing, failed to appear and the Court proceeded in his absence. [ 9 ] The child, assisted by Me Sepinwall, consented to the proposed measures. [ 10 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Court report written by [social worker 2], dated August 16, 2010; D-2: Addendum by [social worker 3], dated December 10, 2010. [ 11 ] In

summary, the evidence establishes, much to the mother's credit, that great progress has been made: The situation has greatly improved since the last court order. The mother has been fully collaborative and has taken steps to improve her situation in order to have the children come home. She has almost completed her drug treatment program and has remained drug free with the exception of one occasion. She has begun to take on more parenting responsibilities but will need supports in order to reintegrate her children into a family unit under her care.

She will now have to juggle not only a full time job but the child's school needs and weekly therapy sessions for both children. Ms. A in just completing her drug rehabilitation program at this time. She has had difficulties in the past raising her two children and relied heavily upon her mother for support.

Her mother is now deceased and she will be attempting to parent two children once again, one with a very strong character who has been parentified, and the other with significant learning disabilities who will need a lot of extra help and support. [1] (reproduced with errors and/or omissions) [ 12 ] Moreover, the family remains very close: X is very close with his mother and enjoys the time they spend together. He has recently begun to spend some time alone with her without the presence of [his sister]. He states that he wants to return to live with her but is also attached to his current foster home.

There is a strong family bond between the three primary family members, [his sister], X and Ms. A. He is affectionate with his mother and fears for her safety. He is currently receiving psychotherapy at the local CSSS and will be referred to another CSSS as soon as the district will be identified. He is going willingly to psychotherapy. [2] [ 13 ] In addition, the child's relationship with his mother appears markedly improved: This worker observed her with X and remarked that she has excellent communication skills with X and understood him well.

She has stated that she now realizes that X needs his medication in order to help him cope with school and his peers and has agreed to continue with this regime. [3] [ 14 ] Under the circumstances, given the progress observed and the consent expressed, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest. [ 15 ] THEREFORE, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of the child, X , remain compromised for the reasons initially declared; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING CORRECTIVE MEASURES: [ 18 ] ORDERS that the child be entrusted to his mother's care; [ 19 ] ORDERS that the frequency and modality of contacts between the child and his father, Mr.

B, be determined by the Director

of Youth Protection, including supervision if deemed necessary; [ 20 ] AUTHORIZES the Director of Youth Protection to provide respite foster care for the child for a maximum of five days per month (over a period of six months), upon availability of the resource and upon agreement of all parties; [ 21 ] STRONGLY RECOMMENDS that the family participate in appropriate programs to support a successful family reunification, including [program A]; [ 22 ] ORDERS that the mother undergo random drug testing at the request of the delegate; [ 23 ] TAKES JUDICIAL NOTICE of her consent to do so; [ 24 ] ORDERS that the mother ensure that the medical needs of the child are met, including psychotherapy; [ 25 ] ORDERS that the family collaborate with the Director of Youth Protection and meet with the delegate when requested; [ 26 ] AUTHORIZES the Director of Youth Protection to communicate with any treating professionals regarding attendance and progress; [ 27 ] ORDERS that aid, counsel and assistance be provided to the child and his family; [ 28 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 29 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Isabelle LORANGER / AI0942 Attorney for the Director of Youth Protection Me Bernard SEPINWALL / AS1269 Attorney for the adolescent Judgment rendered verbally on December 17, 2010 . TD/md