2019 QCCQ 11824, 2019 QCCQ 11824

Protection de la jeunesse — 191869 2019 QCCQ 11824 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-033442-179 DATE : March 26, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2010 child and A B parents ______________________________________________________________________ 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.). [ 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 March 26, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered on March 22, 2018. [ 3 ] On December 6, 2018, the Tribunal ordered the provisional compulsory foster care or the child in a rehabilitation centre. [ 4 ] Today, the Director recommends that the child remain in a rehabilitation centre until August 31, 2019 and that support measures be ordered for a period of one year. [ 5 ] The mother and the child’s attorney are in agreement with the Director’s plan. [ 6 ] The father is absent but has been duly notified of the proceedings.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights? Context and Analysis [ 8 ] The child has continued to exhibit difficult and destructive behaviours while benefiting from the rehabilitation centre’s structure. He remains highly oppositional, being verbally and physically abusive towards staff and peers. [ 9 ] In June 2018, the child took

part in an academic assessment. It was identified that he requires an Individual Education Plan and that he should take

part in an audiological assessment. [ 10 ] In late June 2018, due to his behaviours, the child had to be transferred from the A group home to a more structured unit ([...]) in the A Campus. Several incidents continue to occur on a weekly basis.

[ 11 ] The child has continued to take his prescribed ADHD medication. He is waiting to be assessed in psychiatry at the A Hospital. The psychologist who did his academic assessment recommends that he be assessed in audiology. [ 12 ] In September 2018, the child began individual psychological counseling through Play Therapy. He began the new academic year in a new school; Centre A, a specialized behavioural school. [ 13 ] The child maintained daily telephone contacts with his mother. Until September 2018, the child had unsupervised, bi-weekly, day visits with his mother. Weekly day visits were then organized.

Unsupervised contacts, including overnights, between the child and his mother were put in place starting November 2018. The frequency of contacts has since been reviewed. At this point, the child’s return to his mother’s care would be premature. [ 14 ] The child did not maintain contact with his father. The mother reported that he saw the child once, while he was in her house during the summer of 2018. The father has not collaborate with the social follow-up.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for extension; [ 16 ] DECLARES that the security or the development of the child is still in danger; [ 17 ] EXTENDS the order rendered on March 22, 2018; [ 18 ] ORDERS that the child be entrusted to a rehabilitation centre; [ 19 ] ORDERS that the frequency and modalities of contacts between the child and this parents be determined by the Director of Youth Protection including supervision until deemed necessary; [ 20 ] RECOMMENDS the services of an educator in order to help enhance the parenting skills and follow any recommendations made by the educator; [ 21 ] RECOMMENDS that the mother undergo a parental capacity assessment and follow any recommendations; [ 22 ] ORDERS that the mother ensure that the child is adequately supervised at all times; [ 23 ] RECOMMENDS that Aaliyah not be responsible to supervise and/or discipline the child in the absence of the mother; [ 24 ] RECOMMENDS that the child continue to receive therapeutic services and that any recommendations made by the treating professionals be followed; [ 25 ] ORDERS that the child receive health services, including an audiological assessment and a psychiatric assessment; [ 26 ] ORDERS that the mother continue to refrain from using any means of physical discipline with the child; [ 27 ] ORDERS that the parents collaborate with the Director of Youth Protection, including meeting with the caseworker upon request; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 29 ] THE WHOLE for a period of one year; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on March 28, 2019 /cd Mtre Dominique Douglas Counsel for the Director of Youth Protection Mtre Richard Brunet Counsel for the child Mtre Louise Denault Counsel for the mother Date of hearing: March 26, 2019