2020 QCCQ 13190, 2020 QCCQ 13190

Protection de la jeunesse — 201006 2020 QCCQ 13190 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000474-180 DATE: February 24, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2007 Child and A and B Parents/Defendants ______________________________________________________________________ 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 ] The director of youth protection (DYP) intervenes with the child’s family in regard to neglect and psychological ill-treatment. [ 2 ] In March of last year, the Court entrusts the child to a foster family. [ 3 ] The DYP now asks the Court to revise that judgment and to entrust the child back to his father’s care. Both father and son agree with the DYP. The mother does not attend the hearing. [ 4 ] Following the hearing, the Court renders judgment orally, granting the application.

Here are the reasons supporting that decision. [ 5 ] At the beginning of the placement, the child shows opposition and disrespect for authority. He also uses a foul language. With the support of his foster family, the child learns to behave more adequately and to express his emotions. He demonstrates great improvement. [ 6 ] Visits at the father’s residence are challenging at first. There is a lack of routine and structure and the child has a hard time adapting when he comes back to his foster home.

Moreover, for a while, the father maintains a negative discourse towards the mother in the presence of the child. [ 7 ] In June, the father leaves for [Province A] to work. He stays there until September. He is now looking for employment in this area. [ 8 ] Upon the father’s return, visits start back and increase. From that point, the child states he wants to go back living with his father. The father also takes care of medical appointments and various follow-ups for the child. [ 9 ] The child enjoys contact with his father. For the last few months, he seems appeased following visits.

There is a strong bond between father and son. [ 10 ] However, there are still issues to deal with. [ 11 ] The child still shows behaviour problems in school. In November, he reacts to authority and smashes his fist into a wall, breaking a bone. He is then expelled from school.

[ 12 ] Moreover, there is still a separation conflict which affects the child. The parents do not seem to understand the impact of that situation on the child and the existence of a loyalty conflict. [ 13 ] The mother also shows personal frailty. She is emotionally unavailable for her son at the moment. There is very little contact between the child and his mother. [ 14 ] The situation is far from perfect. However, the evidence convinces the Court that the measures agreed upon by the parties meet the child’s best interest.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 15 ] GRANTS the application for revision and extension of order; [ 16 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 17 ] REVISES AND EXTENDS the Court order rendered on March 12, 2019; [ 18 ] ORDERS that the child be entrusted to his father; [ 19 ] ORDERS that contact between the child and the mother be determined between parties and AUTHORIZES the DYP to supervise them; [ 20 ] ORDERS that the child and his parents benefit from the services of an external educator as long as deemed necessary by the DYP; [ 21 ] AUTHORIZES that the child benefit from respite in a foster family for a maximum of 5 consecutive days, once a month if needed and the parties agree; [ 22 ] ORDERS that the child receive the health and social services that are deemed necessary by his condition, such as a psychological follow-up and speech therapy; [ 23 ] RECOMMENDS that the mother seek help for her personal difficulties; [ 24 ] ORDERS that the parents report periodically to the DYP on the measures they apply in their own regard or in their child's regard to put an end to the situation in which the security or development of the child is compromised; [ 25 ] ORDERS that the child and the parents actively participate in the application of the measures ordered; [ 26 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until August 30, 2020; [ 27 ] ENTRUSTS the situation of the child to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the child

Me Alexis Deschênes for the father Mrs. A the mother (absent) Written judgment filed on February 25, 2020