2019 QCCQ 14837, 2019 QCCQ 14837

Protection de la jeunesse — 1911146 2019 QCCQ 14837 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 640-41-002121-173 DATE: November 20, 2019 (written judgment rendered on January 23, 2020) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2006 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C, working in Town A, district A (Quebec) [...] Applicant and A, residing and domiciled at [...] in Town A, district A (Quebec) [...] Mother and B , residing and domiciled at [...] in Town A, district A (Quebec) [...] Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 extend a decision rendered on October 2, 2018, regarding the adolescent X, born on [...], 2006.

At that date the Court declared the security and development still endangered and entrusted the adolescent to a foster family until October 31, 2019. [ 2 ] The DYP submits that the situation does not allow to return the youth to his parents and asks that the youth be entrusted to a foster family with a possible reintegration as soon as the situation allows it, until October 31, 2020. Position of the parties [ 3 ] The mother is present and represented by Me Tommasel.

She recognizes that the security and development of the youth are still endangered, but she contests the measures. [ 4 ] The father is present and represented by Me Desmarais Grégoire. He recognizes that the security and development of the youth are still endangered and as the mother he asks that his child be back at home. [ 5 ] The youth is present and represented by Me Migué. He admits some of the allegations and he wants to return home. History of the situation [ 6 ] On November 23, 2017 , the situation of X was submitted to the Court. He was 11 years old. The child was suffering from encopresis.

The DYP was involved in his life since October 2015, because the parents were not able to meet the child’s needs. The parents signed voluntary measures, and the child remained with them. In August 2017, the parents refuse that the child could benefit from hearing aids and they did not follow the medical recommendations. The child has hygiene issues because of his sickness and doing so is rejected by his peers and frequently has to leave the school because of the odours. The Court declared that the security and development of the child were endangered [1] and entrusted him to his maternal grandmother, Ms.

C and ordered that he receive health care services, the whole until October 31, 2018. [ 7 ] On October 2, 2018 , The Court revised the situation. The evidence revealed that the child was entrusted to his aunt upon the family’s request. The situation of the child improved and doing so, his school attendance was better. Unfortunately, the parents’ situation remained the same since the last order. The child was able to see his parents daily.

The Court entrusted him in a foster family, recommended that he be entrusted with his aunt, D and ordered that X receive health care services. [ 8 ] On October 23, 2019 , a provisional order was rendered and the child was maintained in a foster family with a reintegration with his parents as soon as possible.

Facts [ 9 ] During the Christmas Holiday, X had a home visit for two weeks with his parents with the consent of the aunt. The contact went well. [ 10 ] Twice in January 2019, the father escorted his son at the hospital for his appointment. [ 11 ] In June, a new worker was assigned to this file. The foster family told her at that time that X was doing well. She was able to adjust the medication and he was going to the toilet regularly.

He continued to see his parents on a daily basis and slept at his parents place during weekends and holidays. [ 12 ] During the last weeks, it was noted that X was not going to school in the afternoon. The parents testified not being aware of this situation. The father, who came back from detention, engaged himself to change his routine to make sure that after lunch, he will accompany X at school and make sure he will go. X starts school at the same time as he starts his job, so, it will be easy for him to drive the youth at school. [ 13 ] X wants to go back with his parents, and he is there very often.

The parents mobilized themselves, they are now concerned by their son’s situation and more involved in his medical follow-up. [ 14 ] The DYP requests that the child be maintained in foster family and plans to start a reintegration at the parent’s place. To do so, he asks a few more weeks to be able to do it adequately. Analysis [ 15 ] The evidence revealed that X’s situation improved since the last order as he only has to take supplements and no more medication.

For sure, the implication and the routine imposed by the aunt helped a lot. [ 16 ] On their side, even if the parents still have issues to resolve, they made great efforts and an improvement is also noted. [ 17 ] They consider themselves ready for a reintegration and X also wants to go back home. The aunt agrees with this project. [ 18 ] According to the evidence, there is no reason to wait to start the reintegration. In this file, no services were provided during a few months and now, the DYP ask for a few more weeks to assess the situation.

During those months, X continued to improve and the reintegration should start according to his needs, not according to the DYP’s needs. [ 19 ] The aunt is an important asset in this situation and her assistance should be required to make sure that the reintegration will be a success. The routine she imposed at her place should be transferred to the parents’ house to insure the stability of X. [ 20 ] The parents engaged themselves to offer a great collaboration with the DYP, the school and the nursing. They will have to respect their engagement in the best interest of their child.

FOR THOSE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and development of the youth X, born on [...], 2006, are still endangered; [ 23 ] ENTRUSTS the youth to his maternal aunt, D as foster family if she is accredited as such; [ 24 ] ORDERS that the process of reintegration at the parents’ place continues and be completed within the next month; [ 25 ] ORDERS that during the reintegration process, the Director of Youth Protection ensure that the parents receive a close follow- up with the nursing and the aunt, to be sure the reintegration is a success; [ 26 ] ORDERS that the youth receive all health care and services required by his situation, including services regarding his encopresis and hearing issues; [ 27 ] ORDERS that the parents periodically report to the Director of Youth Protection on the measures they apply in their own regard or in their youth’s regard to put an end to the situation in which the security and development of the youth are in danger: [ 28 ] ORDERS that the youth attend school on a daily basis and ORDERS the parents to ensure the youth’s schooling; [ 29 ] ORDERS that the youth and the parents take an active

part in the application of any of the measures ordered by the Court; [ 30 ] ORDERS that the parents remain sober and without any violent behaviour in the presence of the youth; [ 31 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the youth and the parents are determined by the Director of Youth Protection; [ 32 ] ORDERS that person working for an institution or body, provide aid, counselling or assistance, with a very close follow-up, to the child and his parents; [ 33 ] ENTRUSTS the situation of the youth X, to the Director of Youth Protection of the A C.Y.P.C., who shall then see that the measures are carried out;

[ 34 ] ORDERS the execution of the present judgment by any peace officer; [ 35 ] THE WHOLE , until October 31, 2020. __________________________________ PEGGY WAROLIN , J.C.Q. Me Karianne Asselin, attorney for the Director of Youth Protection Me Laurence Migué, attorney for the youth Me Angèle Tommasel, attorney for the mother Me Ulisce Desmarais Grégoire, attorney for the father Date of hearing: November 20, 2019