2021 QCCQ 16591, 2021 QCCQ 16591

Protection de la jeunesse — 214666 2021 QCCQ 16591 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002399-191 DATE: May 27, 2021 (written judgment rendered on July 6, 2021) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2008 [SOCIAL WORKER 1], Youth Protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B, unknown address Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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) asks the Court to review and prolong a decision rendered on January 22, 2021, regarding the adolescent X, born on [...], 2008. At that date the Court declared the security and development still endangered for the initial grounds and added

section 38 (c). The Court entrusted the adolescent to the kinship foster family of C and authorized the child’s return to his mother’s care under the condition that the mother has completed a treatment regarding her drinking problems and if the situation allows it, until January 31, 2022. [ 2 ] The DYP submits that the situation needs to be revised and that the youth should be entrusted to the kinship foster family of Ms. D until January 31, 2022. Position of the Parties [ 3 ] The mother is absent, but represented by Me Angèle Tommasel.

She recognizes that the security and development of her child are still endangered and she agrees with the measures. [ 4 ] The father is absent, but represented by Me Geneviève Lucas. He recognizes that the security and development of his child are still endangered and he agrees with the measures. [ 5 ] The youth is absent, but represented by Me Cassandra Neptune. He agrees with the measures. History of the Situation [ 6 ] On November 29, 2019 , the Court was seized with the situation of X. He was 11 years old. The Court declared that his security and development were endangered [1] and entrusted the youth to Ms.

E with a possible reintegration under the parents’ care if the situation allows it. The Court also ordered that the child receive health care services and that he attend school regularly, the whole until July 31, 2020. [ 7 ] On July 22, 2020 , the Court revised the situation. After an event of conjugal violence, the father had been detained. Since the father is detained, the mother was able to stop drinking by herself, and she took her life in hand. She relapsed and realized the difficulty to stop drinking without help. The child remained under his grandmother’s care with his siblings.

The mother went there every day to help. The youth reacted badly to the father’s phone calls and displayed suicidal ideation until the grandmother told the father to stop calling so frequently. The Court entrusted the child to Ms. E, his grandmother, and authorized a progressive reintegration under the mother’s care at the exclusion of the father. The Court also ordered that the child receive health care services, that he attend school regularly, and that he be assessed by a psychologist, the whole until July 31, 2021. [ 8 ] On January 8, 2021 , the Court entrusted the child to Ms. C on provisional measures.

[ 9 ] On January 22, 2021 , the Court revised the situation. In August 2020, the father was released from detention and came back living with the mother despite his probation order. Since the father is back, the mother started to consume again drugs and alcohol. The grandmother had difficulty to impose a structure to X and his siblings. She let them go to their mother’s place without previous authorization and despite the mother’s consumption. In November 2020, while the DYP worker had forbidden the children to go to their parents’ place, the grandmother let them go.

X witnesses a conjugal violence event between his intoxicated parents and had to intervene to protect his mother. Since that time, X was moved to City A to be fostered by a cousin. In October 2020, Dr.

Beltempo, psychologist, assessed the child and concluded that the child would benefit from a comprehensive autism spectrum assessment, a neuropsychological assessment, a reassessment by the pediatrician for a possible post-traumatic stress disorder, psychotherapy and art therapy at the [Centre A]. [ 10 ] On December 23, 2020 , X witness his mother being sexually assaulted by a neighbour and he expressed suicidal ideation. The Court declared that the situation of the child continued to be endangered and declared that it was also endangered because of psychological ill-treatment.

The Court entrusted the child to Ms. C and authorized a reintegration only if the mother complete a treatment program. The Court ordered that the medical evaluations and services recommended by Dr. Beltempo be offered, the whole until January 31, 2022. Facts [ 11 ] After the last hearing, X remained under Ms. C until her daughter gave birth, and then she informed the DYP that she could no longer foster X because she needs time to take care of her daughter and her grandchild. [ 12 ] Doing so, on April 19, 2021, X was moved to his older sister, Ms. D.

He is doing well there, but he said preferring the previous foster place because he was able to have more individuals around. He says he is OK there, but he does not want to stay there forever. [ 13 ] At school, X is repeating his Grade 6. He is doing much better than the last year, he attends school regularly and he says he appreciates going to school. He has a regular follow-up with the school social worker and that helped him to improve his social skills. [ 14 ] Regarding the health aspect, he is followed by a pediatrician twice a year.

He saw a neuropsychologist in January 2021, and a neurodevelopmental assessment was completed. The DYP is currently waiting for the writing report. The DYP worker ignores if this report will answer completely to the last Court order, but she knows that the PTSD evaluation was not done and has to be done. [ 15 ] In May 2021, the sand therapy will start at [Centre A]. Currently, considering the Public Health restriction, it is more difficult to have specialist coming in the different northern villages.

When the restriction will be over, the child will be able to receive more frequent sessions of art and sand therapy. [ 16 ] The mother’s situation evolved positively during the last 3 months. The mother went to City B for 42 days, and she completes [treatment program A]. She came back by the end of March, and since then she attends weekly meetings with the Social Services.

The mother has daily contact with X as she goes to her daughter’s place. [ 17 ] The father is not around anymore as he moved to City A and did not request any contact with the children until the date of the hearing, when he asked to his lawyer to request for more contacts. The DYP worker agrees with such contacts, but would prefer that the father come in City C to exercise his access because it is very difficult to find a foster family for the child in City A. Analysis [ 18 ] The child is doing well, but due to his parents’ way of life, his situation remains endangered.

The mother took steps to improve her situation, but this improvement is very recent. [ 19 ] The child has important needs of medical services. As of today, the Court ignores if the neurodevelopmental assessment fulfill the last Court order. Considering this doubt, the Court will reiterate the order and that the recommendations be followed. The various reports will have to be filled for the next revision.

FOR THOSE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the adolescent X, born on [...], 2008, are still endangered; [ 22 ] ORDERS that the youth be entrusted to a kinship foster family, chosen by the institution operating a child and youth protection centre, namely Ms. D; [ 23 ] ORDERS that the youth be gradually reintegrated under the care of his mother when the situation allows it; [ 24 ] ORDERS that the youth benefit from all health care services required by his situation; [ 25 ] ORDERS that all recommendations set out by Dr.

Beltempo be implemented; [ 26 ] ORDERS that the youth receive a comprehensive autism spectrum assessment and that the recommendations from the professional are implemented; [ 27 ] ORDERS that the youth receive a neuropsychological assessment and that the recommendations from the professional are implemented; [ 28 ] ORDERS that the youth receive a reassessment by a pediatrician for a possible post-traumatic stress disorder and that the recommendations from the professional are implemented;

[ 29 ] ORDERS that the youth receive psychotherapy and that the recommendations from the professional are implemented; [ 30 ] ORDERS that the youth receive art therapy and that the recommendations from the professional are implemented; [ 31 ] ORDERS that the recommendations set out in the neurodevelopmental assessment are implemented; [ 32 ] ORDERS that the school be made aware of the relevant recommendations regarding the schooling of the youth; [ 33 ] ORDERS the Director of Youth Protection to make sure that all the professional recommendations be implemented; [ 34 ] ORDERS that the youth and the parents take an active

part in the application of any of the measures ordered by the Court; [ 35 ] ORDERS that the youth and the parents report in person, at regular intervals, to the Director of Youth Protection to inform her of the current situation; [ 36 ] ORDERS that the modalities, the frequency and the degree of supervision of the contacts between the youth and the parents be determined by the Director of Youth Protection; [ 37 ] ENCOURAGES frequent contacts between the youth and his parents; [ 38 ] ORDERS that a person working for an institution or body, provide aid, counselling or assistance to the youth and the family; [ 39 ] ENTRUSTS the situation of the youth X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 40 ] THE WHOLE until January 31, 2022. __________________________________ PEGGY WAROLIN , J.C.Q.

Me Adèle Cyr, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the youth Me Angèle Tommasel, attorney for the mother Me Geneviève Lucas, attorney for the father Date of hearing: May 27, 2021