2017 QCCQ 18651, 2017 QCCQ 18651

Protection de la jeunesse — 178993 2017 QCCQ 18651 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-026093-120 DATE : March 6, 2017 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [...], 2010 Director of Youth Protection A Applicant A Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to extend the previous order rendered on January 26, 2016, entrusting the child to a foster family with a social follow up for one year. [ 2 ] The Director alleges that the child’s interests require an extension of the order given the remarkable progress that he’s made in the care of his current foster family. Considering that the delays provided for at

section 91.1 of the Youth Protection Act have expired, the Director is seeking an order until the child’s age of majority. [ 3 ] Although the mother has improved her personal situation, the Director alleges that she continues to struggle with mental health issues, making it unlikely that she will be able to assume the child’s care in near future. [ 4 ] The mother admits the allegations in the motion and concedes that an extension is required. That being said, she considers that she has demonstrated the capacity to improve her situation and to collaborate with social services.

Consequently, she is of the opinion that an extension of one year would allow her to reach her objective of resuming the full time care of her son. [ 5 ] Furthermore, the mother contests the extension of the conclusion withdrawing her exercise of certain attributes of parental authority in favour of the Director.

The Context [ 6 ] The family’s previous history with youth protection services can be summarized as follows: [ 7 ] In his earliest years, the child was exposed to conjugal violence and suffered as well from parental negligence, leading him to develop serious attachment issues and aggressive tendencies. [ 8 ] In 2014, a psychological assessment concluded that the child suffered from moderate to severe receptive language difficulties and severe expressive language difficulties.

Furthermore, global developmental delays were revealed, particularly regarding cognitive and fine motor skills. [ 9 ] The child was ordered into a foster family on October 1, 2014. He was integrated into his current foster family almost two years ago. [ 10 ] The mother has maintained contact with her son albeit inconsistently. The father is undeclared.

The Situation (

i) The child : [ 11 ] Essentially, the evidence establishes the following: [ 12 ] According to the social worker, X has made remarkable progress in his overall development. With the care and attention of his foster family, he’s greatly improved his language skills and learned to adapt to structure and routine. [ 13 ] Over time, he’s developed a strong bond with both the foster parents as well as the other children in the home.

The foster father testifies that the entire family is committed to the child on a permanent basis. [ 14 ] The child recently integrated kindergarten at [Elementary School A] and has worked his way from half days to full days. Although he attends a regular class, he participates in an individualized education plan designed to meet his academic needs and to allow him to develop at his own pace.

He now receives speech therapy through the school system as well. [ 15 ] So far, the child has adapted well to his new school setting and has demonstrated improved social skills with his peers. [ 16 ] He further receives bi-weekly services in the foster home from the West Island Re-adaptation Centre targeting speech and fine motor skills. [ 17 ] The child’s behaviour continues to represent a challenge but his aggressive tendencies have diminished and overall, he is doing well.

The social worker sees the child regularly in the foster home and describes him as happy and talkative. (ii) The mother : [ 18 ] The mother has managed to stabilize her living situation over the past six months through subsidized housing. She continues to participate in a psychiatric follow-up at the Douglas Institute and receives injections regularly.

It should be noted however that over the past year, she has continued to struggle with depression and anxiety. [ 19 ] Generally speaking, the mother is easier to reach than in the past but communicating with her remains a challenge for the social worker. [ 20 ] Regarding contact with the child, the mother is entitled to approximately four visits a month for two hours and shares her time with the child’s stepfather and sibling. She also has unrestricted telephone access to the child at the foster home. [ 21 ] The visits take place alternately at AMCAL and at the social worker’s office.

The mother’s interaction with her child is appropriate. She demonstrates the capacity to impose structure and boundaries although the focus is mostly on play. [ 22 ] The mother has missed a series of visits at AMCAL without advising the social worker. She explains that her separation from the child’s stepfather has led to conflict in their relationship and she has chosen not to attend certain visits to avoid his company.

She concedes however that she never sought to make other arrangements with the social worker and didn’t advise in advance of her absence, setting the child up for disappointment. [ 23 ] She also testifies that, for her son’s sake, she prefers to maintain the illusion that they’re still a couple. Rather than tell him the truth, she makes up excuses to justify her absence. [ 24 ] Despite having the opportunity to speak to her son over the phone daily, the mother has failed to call him over the past few months.

She explains that she doesn’t appreciate her son calling her by her first name when they speak over the phone. She is of the opinion that the foster mother influences the child to do so and this upsets her. Rather than take any measures to rectify the situation, she chooses to abstain despite her son’s expressed desire to speak to her. [ 25 ] Regarding her parental capacities, the mother has begun participation in the LaSalle Boys and Girls Club. She has attended three sessions out of a possible five so far. She explains that she improves her skills by observing other parents at these sessions.

Analysis [ 26 ] Although the mother has certainly made some improvements to her overall situation, serious concerns continue to exist regarding her capacity to assume responsibility for the child and his return to her care remains unlikely. [ 27 ] The evidence suggesting that her parental skills have sufficiently evolved to entertain the possibility of a reintegration within a year is tenuous at best. Although the visits go well, the mother is not confronted with the challenges that the child represents in his daily life, including the need for constant supervision.

The fact that she has attended a few sessions designed to help her develop her parental skills is a positive step but remains inadequate given the mother’s history and her current personal difficulties. [ 28 ] Even today, the mother demonstrates difficulty with consistency regarding contact with the child and participation in the social follow up. [ 29 ] The mother’s struggles with mental health issues are certainly unfortunate but remain nevertheless a serious issue affecting her capacity to care for her child. [ 30 ] The child is entitled to stability and continuity of care.

Contact with his mother is unquestionably in his interest and is to be encouraged but his overall needs are best met by maintaining him in his current foster home on a permanent basis. His progress has been remarkable, the bond with his foster family is unmistakable and his future is best assured in this setting.

[ 31 ] UNDER THE CIRCUMSTANCES [ 32 ] CONSIDERING the whole of the evidence; [ 33 ] CONCLUDING that the measures proposed by the DYP are in the child’s best interest; [ 34 ] THE COURT: [ 35 ] GRANTS the motion; [ 36 ] DECLARES that the security and development of the child is still endangered for the reasons initially determined; [ 37 ] ORDERS that the child remain entrusted to a foster family; [ 38 ] ORERS that the frequency and modality of contacts between the child and his mother be determined by the DYP, TAKING JUDICIAL NOTICE that the mother currently sees her son every ten days; [ 39 ] ORDERS that the child receive the medical and therapeutic follow-up required by his situation; [ 40 ] WITHDRAWS from the mother the exercise of certain attributes of parental authority pertaining to the child's medical needs, school, extra-curricular activities, travel needs including obtaining a passport and GRANTS this exercise to the DYP; [ 41 ] ORDERS that the DYP advise the mother prior to the execution of the exercise of these attributes of parental authority; [ 42 ] RECOMMENDS that the mother follow through with the services provided by the mental health professionals; [ 43 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the child and his family; [ 44 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 45 ] THE WHOLE until the age of majority.

SIGNED IN CITY A On March 13, 2017 __________________________________ KAREN OHAYON, J.C.Q. Isabelle Loranger Attorney for the D.Y.P. Francis Cloutier Attorney for the child Karine Dallaire Attorney for the mother Date of hearing: March 6, 2017 KO/lf