2020 QCCQ 9563, 2020 QCCQ 9563

Protection de la jeunesse — 202278 2020 QCCQ 9563 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000486-184 DATE: April 27, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2012 Child -and- A -and- B Parents/Respondents ______________________________________________________________________ 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 ] In September of 2019, the Court orders that the child be entrusted to a foster family. [ 2 ] Given the deterioration of the situation, the director of youth protection (DYP) asks the Court to revise that judgment in order to entrust the child to a rehabilitation centre. In fact, the child is already entrusted to a rehabilitation unit, on a provisional basis, since the end of November. [ 3 ] The hearing finally takes place, after being postponed on several occasions.

Both parents are in agreement with the application. So is the child’s counsel. [ 4 ] Following the hearing, the Court renders judgment orally and grants the application. Here are the reasons supporting that decision. [ 5 ] From the outset, the child shows behavioural problems such as refusing to comply with authority, aggressiveness and inappropriate sexual conduct. He is placed in three different foster families and briefly entrusted to his maternal grandmother in October. [ 6 ] On November 25, the third foster family requests that the child be removed.

The foster parents indicate that the child’s behavioural problems are too hard to handle. The child is verbally and physically violent and he attempted to touch the foster mother’s breast and the foster father’s penis. [ 7 ] The child is then entrusted to a rehabilitation centre where he remains up to now. [ 8 ] The child presents important psycho-affective challenges. The psychological assessment reveals significant depressive and anxiety symptoms as well as an important fear of rejection.

His coping mechanisms are underdeveloped compared to other children his age. [ 9 ] It is difficult for the child to express his emotions in an appropriate way. Moreover, he does not open up easily to adults. However, improvement in that area is noticeable since the beginning of his placement in the rehabilitation centre. It is nevertheless still very fragile. [ 10 ] The child needs an environment that is able to deal with and tolerate his behaviour, for him to have the stability required to learn

new, more adaptive coping skills. As the psychologist puts it: learning to ask for help and to express his needs to adults could be life changing for him. [ 11 ] Unfortunately, and despite his young age, the rehabilitation centre is the only available living environment that can meet the child’s needs at the moment. Therefore, the Court concludes that the application is well founded. FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] REVISES the Court order rendered on September 4, 2019; [ 15 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre, until July 7, 2020; [ 16 ] RECOMMENDS that the child’s life project be clarified; [ 17 ] RECOMMENDS the maintenance of personal relationships of the child with his siblings; [ 18 ] ORDERS that contacts between the child and his mother be determined by agreement between the parties and that they be supervised; [ 19 ] ORDERS that contacts between the child and his father, if any, be determined according to agreement between the parties; [ 20 ] ORDERS that contacts between the child and his step-father be determined by agreement between the parties and that they be supervised; [ 21 ] RECOMMENDS that the child receive specific health care and health services, especially a medical follow-up and psychiatric follow-up; [ 22 ] RECOMMENDS that the mother submit herself to random screening of drug and/or alcohol tests; [ 23 ] RECOMMENDS that the mother submit herself to a parental capacity assessment and psychiatric assessment; [ 24 ] RECOMMENDS that the father submit himself to a parental capacity assessment; [ 25 ] RECOMMENDS that the mother engage in psychological counselling in connection with her personal difficulties, including psychological follow-up, psychiatric follow-up, drug addiction follow-up as deemed necessary by the professionals involved; [ 26 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and his family until July 7, 2020; [ 28 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment; [ 29 ] ORDERS to individuals covered by this order to comply. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the child

Me Ariane Cayer for the mother Me Isabelle Gagnon for the father Written judgment filed on May 11, 2020