2019 QCCQ 15051, 2019 QCCQ 15051

Protection de la jeunesse — 1911733 2019 QCCQ 15051 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-002209-184 DATE : November 26, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2010 and A Interested party ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on November 25th, 2019. [ 2 ] The court is seized of an application for extension presented by the Director of youth protection (DYP) of a decision rendered on November 19, 2018, requesting that the security and development of the child be declared still in danger. [ 3 ] Consequently DYP asks the Court to entrust the child to a rehabilitation center with a possible reintegration to the interested party after 3 months, as well as other measures to resolve the situation. [ 4 ] The parents are deceased. [ 5 ] For the purpose of the written judgment I will name the interested party, “the mother”.

Question in litigation [ 6 ] Are the security and development of the child still compromised? In the affirmative, do the recommended measures answer his needs and are they in his best interest? Context and Analysis [ 7 ] The proof reveals that the child was evaluated by Dr Beltempo, psychologist but almost none of his recommendations were put in place, thus the report is dated of march 2019. [ 8 ] Somebody in the group home have explain the psychological report to the mother, but she never had the chance to speak with Dr.

Beltempo. [ 9 ] In the observation report (D-8), the educator wrote: “ We observe daily X making the right choices when he is confronted with

bullying, right or wrong, denial or delay of a request.” [ 10 ] And the conclusion is that he needs clear expectations well explained to him. [ 11 ] The mother collaborate well with the DYP and confirms that she will make sure the child receives the medial assistance he needs and she will collaborate with the external educator. [ 12 ] The social worker agrees to put in place, with the mother, the rules the consequences and an appropriate routine for the child. [ 13 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are still in danger and that the following measures meet his needs and deemed to be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] PARTIALLY GRANTS the application; [ 15 ] DECLARES that the security and development of the child are still compromised; [ 16 ] ENTRUSTS the child to a rehabilitation center until December 20, 2019; [ 17 ] ORDERS DYP to begin the gradual reintegration of the child from today to December 20, 2019; [ 18 ] ENTRUSTS the child to the mother on December 20, 2019; [ 19 ] ORDERS that the child and his mother to report periodically to the DYP in person to inform him of the current situation; [ 20 ] ORDERS that the child receive specific health care and health services (FASD clinic) and individual counselling with psychologist including the medication before the end of January 2020; [ 21 ] ORDERS that the child receive a neuropsychological assessment for his ADHD and FASD, before the end of January 2020; [ 22 ] ORDERS that the child and his mother receive the services of an external educator for as long as deemed necessary by the professional; [ 23 ] ORDERS that the child attends school on a daily basis, do the work as requested by the teacher and be of good behaviour ; [ 24 ] ORDERS the mother to remain sober in the presence of the child; [ 25 ] ORDERS the mother to seek help through the Social Services concerning her alcohol issue; [ 26 ] ORDERS that the evaluation made by Dr Beltempo be explained to the mother, correctly and completely by Dr Beltempo or another psychologist ; [ 27 ] ORDERS the parents to take an active

part in the application of the measures ordered by the tribunal; [ 28 ] ORDERS the parents to report in person, at regular intervals, to the DYP to inform him of the current situation; [ 29 ] ORDERS the parents to ensure that the child attend a childcare establishment on a daily basis; [ 30 ] ORDERS that the child and the parents receive the services of an external educator as long as deemed necessary by the professionals; [ 31 ] ORDERS the parents to remain sober and without any violent behaviour in the presence of the child; [ 32 ] ORDERS the parents to seek help through the Social Services or any other service provider approved by DYP concerning their alcohol/drug/personal issues; [ 33 ] RECOMMENDS mother to submit herself to a psychological evaluation, when she will be ready to do so; [ 34 ] ORDERS that the mother is never left alone with the child; [ 35 ] ORDERS DYP to make unannounced visits in the family; [ 36 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family; [ 37 ] ENTRUST the situation of the child to the DYP who shall then see that the measures are carried out; THE WHOLE , until November 30, 2020.

___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Adèle Cyr Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the child Mtre Angèle Tommasel Counsel for the mother