2022 QCCQ 13551, 2022 QCCQ 13551

Protection de la jeunesse — 228018 2022 QCCQ 13551 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division Nos.: 635-41-001058-202 635-41-001059-200 635-41-001060-208 DATE: December 20, 2022 ______________________________________________________________________ BY THE HONOURABLE NATHALIE SAMSON, J.C.Q. ______________________________________________________________________ IN THE MATTERS OF: X, born on [...], 2009 Y, born on [...], 2012 Z, born on [...], 2014 [SOCIAL WORKER 1], youth protection workers, duly authorized by the Director of Youth Protection A Applicant and A Mother and B Father of X and Y ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (sections 95, para. 2, and 75 of the Youth Protection Act , CQLR., c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 9.2, 9.3 and 135 Y.P.A. ). [ 1 ] The Director of Youth Protection has applied for the extension of a decision under

section 95 of the Youth Protection Act [1] rendered on February 21, 2022, by Honourable Marie-Chantal Brassard, J.C.Q. In that decision, she declared that the security and development of the children Y and Z were still in danger. She ordered that they be entrusted to a foster family until December 31, 2022. [ 2 ] The Director also applied for the extension of a decision under

section 95 of the Youth Protection Act , [2] rendered on June 15, 2022, by the Honourable Éric Hamel, J.C.Q. In that decision, he declared that the security and development of the child X were still in danger. He ordered that the child be entrusted to a rehabilitation centre, until no later than August 30, 2022. [ 3 ] The Director of Youth Protection alleges that the children’s situation requires the extension of the above-mentioned decisions or orders under

section 95 of the Youth Protection Act [3] . [ 4 ] In order to put an end to the situation of endangerment to the children, the Director has proposed the following measures: • That the child Y be entrusted to the foster family of C until her majority; • That the child Z be entrusted to a foster family until December 31, 2023; • That the child X be entrusted to a rehabilitation centre until December 31, 2023. [ 5 ] At the hearing, the children were represented by Mtre Corine Jacquet and she admitted that the security and development of the three children are still in danger and that the measures that have been proposed by the Director meet the children’s needs and are in the children’s interest. [ 6 ] The mother was assisted by Mtre Ève Laoun.

The mother admitted a large part of the allegations in the applications. The mother admits the children’s endangerment and agrees with the measures that have been requested by the Director. [ 7 ] The father was absent but duly notified. On the last Friday before the hearing, the father told the applicant that he agrees with the measures. The Court authorized the Director to proceed in his absence considering that he was served and that it is in the children’s interest to proceed.

[ 8 ] The following facts were introduced in evidence. [ 9 ] Since the last hearing, the parents’ situation has remained the same. Their marital situation has been unstable, but they are currently back together. They are still struggling with their personal issues with alcohol and related problems. They have not sought help through the available resources to address their personal issues, despite the support of the Director of Youth Protection in that regard. [ 10 ] The mother is currently employed at the [Centre in hospital A].

Although the Director has stressed the importance of seeking or implementing other resources for her alcohol and personal issues, the mother states that she is not currently open to treatment or to contacting the CLSC. The mother states that she drinks whenever she has money. [ 11 ] The father works part time in Town A on the water and sewage trucks for the community. He drinks alcohol every day and he has not taken any steps to address this issue. The external educator was unable to meet with the parents, except once with the father, since the last hearing.

The parents did not respond to calls on the FM radio or emails, and they were not at home when the Director attempted to meet with them. Contact between the children and their parents has been sporadic over the past two years. THE CHILD Y [ 12 ] The child Y is 10 years old. She has told her lawyer that she would like to go home. She finds the situation very difficult. Since the last Court hearing, the child has remained under the care of her foster family, C, in Town A. She is developing appropriately for her age and is thriving at school and in her environment.

She states that she misses her parents and siblings, and that she is happy and well taken care of with Ms. C. [ 13 ] The maximum placement periods have been reached for Y, and she deserves continuity of care and stability. Ms. C has Y in her care since October 2020 and reports that the youth is fully integrated into her family. Ms. C reports that Y is thriving in her environment and presents as a happy and fulfilled youth, and that she is always very excited about any visit or contact with her family.

Y reportedly talks about her parents often, but there has been no phone contact between the parents and Y since June 2022. Ms. C reports that she has an amicable relationship with the parents and that she supports maintaining their bond and relationship with Y. Ms. C and her spouse, D, have stated that they agree to foster Y until she reaches the age of 18. THE CHILD Z [ 14 ] Z is an 8-year-old boy. He has completed Grade 2 at [School A] in Town A and is attending Grade 3 at [School B] in Town B. The visits between the child Z and his parents were irregular throughout the last measures.

On August 30, 2022, the child was moved to the foster family of E in Town B. She is an extended family member. The child is receiving support from a special educator at school, considering his need for extra help to meet requirements. The services of an external educator is also provided to the child to work on his autonomy and communication. The child apparently has speech delays and will be seen by the speech therapist. The foster mother reports that he has a strange accent, comparable to baby talk, in his native language, Inuktitut. Z seems secure in his environment and seeks out his foster mother for comfort.

The foster mother states that the placement is too recent for her to have made an official opinion concerning long-term placement, especially considering that Z has special needs that will require long-term care. Z says that he wishes to have more visits with his family. [ 15 ] Z suffers from Hirschsprung disease, which affects cells in the intestines. Due to surgery, he still wears Pull-Ups diapers, which he changes on his own when needed. [ 16 ] The maximum placement periods have been reached, and it is in the child’s interest to extend it. THE CHILD X [ 17 ] The child X is a 13-year-old boy.

He enjoys fishing, camping, and all things related to going on the land. Since the last hearing, he has completed his return from the [Rehabilitation Centre A] in Town C to the care of his paternal uncle. Since August 26, 2022, he has been residing full time with his uncle, his aunt, and their children in Town A. Since his return, the youth has displayed behavioural issues. He has not attended school on a regular basis, does not inform others of his whereabouts, does not inform others of where he sleeps, and does not return to his foster family’s household.

Between September 12, 2022, and September 28, 2022, he was nowhere to be found. An immediate protection measure was applied to entrust him to a rehabilitation centre on September 28, 2022. [ 18 ] Although the services of a psychologist and an external educator have been offered to the youth, he is not able to function in the community. He needs a structured environment to stabilize his behaviour. His collaboration with the applicant is poor.

He does not seem to understand the consequences of his actions and struggles with emotional regulation. [ 19 ] After taking into consideration the documentary evidence and the consent and positions of the parties, the Court finds that the evidence is sufficient to declare that the security and development of the children are in danger and that the measures suggested meet their needs and are deemed to be in their best interest.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the applications for extension respecting the children Y and Z; [ 21 ] EXTENDS the decisions or orders rendered on February 21, 2022, respecting the children Y and Z; [ 22 ] GRANTS the application for review respecting the child X; [ 23 ] REVIEWS the decision or order rendered on June 15, 2022, respecting the child X;

[ 24 ] DECLARES that the security and development of the children Y and Z are still in danger under sections 38b)1)iii) and 38b)2) of the Youth Protection Act [4] ; [ 25 ] DECLARES that the security and development of the child X are still in danger under sections 38b)1)iii) , 38b2) and 38f) of the Youth Protection Act [5] ; [ 26 ] ORDERS that the child Y, born on [...], 2012, be entrusted to a foster family, namely the foster family of C, until she reaches 18 years old; [ 27 ] TAKES JUDICIAL NOTICE that a contact

schedule will be organized for visits between the child Y, her siblings and her parents; [ 28 ] ORDERS that the child Z , born on [...], 2014, be entrusted to a foster family chosen by the institute operating a child and youth protection centre until December 31, 2023; [ 29 ] TAKES JUDICIAL NOTICE that a contact

schedule will be organized for visits between the child Z, his siblings and his parents; [ 30 ] TAKES JUDICIAL NOTICE that the Director of Youth Protection will do regular assessments to find a foster family for the child Z in Town A; [ 31 ] ORDERS that the child X , born on [...], 2009, be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre, until December 31, 2023; [ 32 ] AUTHORIZES the child X to return to the foster family of F, his maternal aunt, or with his parents if the situation allows, notably but not exclusively if X engages with the services provided to him at the rehabilitation centre and displays no aggressive behaviour or other behavioural problems at the rehabilitation centre or during his visits with family; [ 33 ] ORDERS the parents to report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 34 ] ORDERS that the parents take an active

part in the application of any of the measures ordered by the Court; [ 35 ] ORDERS that the parents remain sober in the presence of the children; [ 36 ] ORDERS that the parents refrain from any kind of violence in the presence of the children; [ 37 ] ORDERS the parents to seek help for their substance abuse and personal issues through social services or another resource deemed appropriate; [ 38 ] AUTHORIZES the Director of Youth Protection to access information regarding the parents’ attendance of appointments with professionals and their level of involvement with the services provided; [ 39 ] ORDERS that the terms, frequency and degree of supervision of contact between the children and the parents be determined by the Director of Youth; [ 40 ] AUTHORIZES the Director of Youth Protection to perform unannounced visits at the parents’ residence when the children are present; [ 41 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the children and the children’s family; [ 42 ] ORDERS the police to cooperate in the execution of this judgment; [ 43 ] ENTRUSTS the situation of the children to the Director of Youth Protection A, who shall then see that the measures are carried out. [ 44 ] The whole until […], 2030, (until the age of majority), for the child Y ; [ 45 ] The whole until December 31, 2023, for the children Z and X . __________________________________ NATHALIE SAMSON, J.C.Q.

Mtre Alix Génier Cain Lamarre, s.e.n.c.r.l. Counsel for the D.Y.P. Mtre Corine Jacquet Belton Avocats inc. Counsel for the children

Mtre Ève Laoun Counsel for the mother Date of hearing: December 20, 2022