2016 QCCQ 16416, 2016 QCCQ 16416

Protection de la jeunesse — 167518 2016 QCCQ 16416 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 635-41-000583-143 DATE: November 21, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2008 MRS [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the A C.Y.P.C., working in Town A, Quebec, District A Applicant and MRS A, residing and domiciled in Town A, Quebec, District A Mother and MR B, residing and domiciled in Town A, Quebec, District A Caregiver ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) and 75 Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 of the A C.Y.P.C. asks the Court to review the decision rendered by Honourable Lise Gagnon on February 18, 2016 concerning the situation of X, born on [...], 2008.

His delegate, Mrs [Social Worker 1], asks that the child be placed in a foster family until April 21, 2017. [ 2 ] At the hearing, Me Angèle Tommasel represents the caregiver. The mother cannot attend the Court because of her disability. Me Marie-Claude De Gagné represents the child and Me Geneviève Apollon the applicant. [ 3 ] A revision report is filed and Mrs [Social Worker 1] testifies. [ 4 ] The evidence reveals that the child was changed of foster family twice and is now in the foster home of Mrs C since August 11, 2016.

The child had behaviour problems like bitten himself and others, hitting teacher at school, stealing, etc. [ 5 ] The child is medicated with Ritalin since June 1, 2016. He receives the services of an external educator. Since, he seems less anxious and is able to listen and to focus on what he had to do. Since his return at Mrs C’s foster home last August, the child feels more secure and stable. Mrs C had fostered him 10 months in 2014-2015.

The self-mutilation diminished since his return there and the child seems more incline to speak about his traumas. [ 6 ] Since 2013, the mother is unable to care for the child. She had a stroke and has to live at the [center A] because of her disability. [ 7 ] The applicant asks for a prolongation of the child’s placement even if the maximum duration of placement is reached. The foster parents have to evaluate how X will behave and how they will manage with such placement. Consequently, a duration of six months should be sufficient to determine the life project.

FOR THESE MOTIVES, THE COURT: [ 8 ] GRANTS the petition; [ 9 ] DECLARES that the security and development of X are still in danger; [ 10 ] ORDERS the placement of X in a foster family until April 21, 2017;

[ 11 ] RECOMMENDS that the child remain in the foster family of Mrs C; [ 12 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the child and his mother until April 21, 2017; [ 13 ] ORDERS the Director of Youth Protection to provide the child the services of an external educator; [ 14 ] ORDERS that the child continue to receive the services required by his situation such as his medication and his follow-up with the psychiatrist; [ 15 ] ORDERS the Director of Youth Protection to supervise the contacts and visits of the child with his mother and the caregiver; [ 16 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and GRANTS them to the Director of Youth Protection notably regarding health, education, extracurricular activities, travelling and passport; [ 17 ] ORDERS the police to collaborate to the execution of this judgment; [ 18 ] ENTRUSTS the child's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Geneviève Apollon Attorney for the applicant Me Angèle Tommasel Attorney for the caregiver Me Marie-Claude De Gagné Attorney for the child Date of hearing: October 13, 2016