2020 QCCQ 9139, 2020 QCCQ 9139

Protection de la jeunesse — 207222 2020 QCCQ 9139 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N os : 450-41-007296-198 DATE : October 7, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2013 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A Applicant -and- A Child’s mother -and- B Child’s father ______________________________________________________________________ JUDGMENT [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.).

Introduction [ 1 ] The Director is requesting that the Court order rendered on February 12, 2020, be revised. [ 2 ] By this order, the Tribunal declared the security and development of the child X in danger for the motives of physical neglect, health neglect, neglect on educational level, serious risk of neglect, psychological ill-treatment, serious risk of sexual abuse and physical abuse. [ 3 ] As protective measures, the Court entrusted the child to a foster family, authorized contacts with his parents, supervised by a third party designated by the Director, upon agreement and according to the modalities set with the Director.

Failing agreement, the Court determined that the contacts would take place once per week, for a period of one and a half hour for each parent, on the condition that the parents participate in a meeting with the delegate before the next contact and that they confirm their presence 24h in advance. [ 4 ] The Court also authorized the possibility of lifting the supervision of the contacts according to the evolution of the situation, took

notice that the Director intends to encourage contacts between the siblings and half siblings at least once a month for half a day, prohibited all contacts between Mr.

C and the child, ordered that the child receive specific healthcare and health services, particularly an evaluation for ADHD, ordered that X attend school or another place of learning or participate in a program geared to developing skills and autonomy, rendered other measures and ordered a social follow-up for a period of one year. [ 5 ] Today, the Director considers that the security and the development of the child are still in danger for the same motives. [ 6 ] Because of the new facts alleged, the Director recommends revising the protective measures so that the Court order that the child be entrusted to a rehabilitation centre, authorize supervised contacts with his parents, upon agreement and according to the modalities set with the Director, authorize the possibility of lifting the said supervision according to the evolution of the situation, take notice that the contacts with the father are actually semi-supervised, order that the child receive all the healthcare and health services required by his situation and maintain all compatible measures rendered on February 12, 2020. [ 7 ] At the hearing held on October 7, 2020, both parents are present and represented.

They are in agreement with the recommended measures. [ 8 ] The child’s lawyer also agrees with the proposed measures. Evolution of the situation [ 9 ] Since the last Court order, the child remained in a foster home until September 2020. [ 10 ] The child was presenting violent and oppositional behaviours in his foster home. [ 11 ] External rehabilitation services were provided for a while which led to some improvements. [ 12 ] In July 2020, the child’s disturbing behaviours reappeared.

He was particularly violent towards objects and people and was oppositional. [ 13 ] The foster parents were exhausted by the child’s behaviour and requested his removal. [ 14 ] On September 10, 2020, the child was placed in a rehabilitation centre upon a provisional order. [ 15 ] As for the parents, they maintained their weekly visits with the child. [ 16 ] On August 29, 2020, the supervision was lifted regarding the father’s contacts. [ 17 ] It was maintained regarding the mother.

During the visits, it was observed that she has difficulty establishing a role of authority with the child and entertains more of a friendly relationship. [ 18 ] Her parental capacities are currently being evaluated during her stay at the Villa Marie-Claire with the child’s half-brother. [ 19 ] She still has mental issues. She has a follow-up, but is not taking her medication for depression. [ 20 ] She participated in a personal follow-up regarding her diagnosis of dependent personality. [ 21 ] She has recently put an end to her relationship with Mr.

C who is struggling with personal difficulties. [ 22 ] She claims that they only have a parental relationship now. [ 23 ] Both parents are not currently able to meet the child’s particular needs especially for a structured environment. [ 24 ] The child’s situation still needs to be monitored as he is exhibiting behaviours related to attachment issues. [ 25 ] The foster parents reported that his difficult behaviours from the beginning of his placement were not the same as his last where he seemed to be acting in order to sabotage the relationship between him and the foster parents. [ 26 ] Considering this, a neutral setting will be beneficial for the child to be appeased. [ 27 ] The Court finds that the evolution of the situation gives way to the recommended measures.

FOR ALL THESE MOTIVES THE COURT: GRANTS the present application; DECLARES that the security and development of the child X are still in danger; ORDERS that the child X be entrusted to a rehabilitation centre; AUTHORIZES , in the child’s favour, supervised contacts with his parents, upon agreement and according to the modalities set with the Director of youth protection; AUTHORIZES the possibility of lifting the said supervision according to the evolution of the situation; TAKES JUDICIAL NOTICE that the contacts between the child and his father are presently semi-supervised;

ORDERS that the child receives all health and social services that he requires, including a psychological evaluation; MAINTAINS all compatible measures rendered on February 12, 2020, by Honourable Marie-Pierre Jutras; ENTRUST the situation of the child X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q. M e Idil Abdi Counsel for the DYP M e Marco-Pierre Caza Counsel for the youth M e Stéphanie Brard Counsel for the mother Me Karolanne Bonin Counsel for the father Exhibits deposed: D-6 Signed on: December 17, 2020