2012 QCCQ 19033, 2012 QCCQ 19033

Protection de la jeunesse — 128095 2012 QCCQ 19033 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN […] Youth Division DATE: December 12, 2012 ______________________________________________________________________ BY THE HONOURABLE CLAUDE BIGUÉ, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: N°: 635-41-000477-122 X , born on [...], 1999 ______________________________________________________________________ A AND B Parents and [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A., working in town A Petitioner ______________________________________________________________________ JUDGMENT (

Section 38 of the Youth Protection Act ) ______________________________________________________________________ [ 1 ] This is a petition pursuant to

section 38 of the Youth Protection Act [1] concerning X, […] years old. The Director is making on application for a nine-month placement in a rehabilitation centre. [ 2 ] At the hearing, the mother is present but not represented. The father is absent and not represented. ISSUES RAISED: [ 3 ] The endangered situation is admitted. [ 4 ] The conclusions are agreed on. THE FACTS: [ 5 ] The youth was traditionally adopted at birth. His parents separated 5 years ago, in 2007.

He was […] years old. [ 6 ] He then went to live with his grandfather until the latter passed away one year later. [ 7 ] After that, he was mainly residing with his mother and had sporadic visits with his father. The mother has often been overwhelmed with the situation. [ 8 ] [Social worker 2] of the C.L.S.C. has been providing family counselling since 2010. [ 9 ] The Director has been involved in the youth's situation since February 2011, because the youth was displaying behaviour problems. [ 10 ] The youth resided in two different Group Homes in 2011 and 2012.

He is currently at the Group Home of Town A. [ 11 ] The current intervention by the Director started on August 2, 2012, when a report was made to Youth Protection services. [ 12 ] Neither parent wishes to take the youth back. They are not able to provide the structured environment their son needs. The youth is left to himself, with no family support, under the care of the Group Home. ANALYSIS: [ 13 ] The present intervention of the Director is highly pertinent. [ 14 ] The security and the development of this young teenager are in danger, considering

section 38 b) (parental negligence), 38 f) (serious behavioural disturbance of the youth) and 38 c) (psychological ill treatment). [ 15 ] His current stay at the Group Home in Town A started in March 2012. His situation has improved since he is living in a

structured environment, and the mother confirms that staying at the Group Home is beneficial for X. [ 16 ] The father did not show up at the hearing, confirming his poor involvement in his son's life.

Met by the workers for the preparation of the Director's report on the youth's social situation, the father clearly indicated that he did not want to take care of his son. [ 17 ] The mother expressed that she no longer wanted that responsibility either, since she had been the main caregiver for years; she stated that it is now time for the father to take over. [ 18 ] It appears appropriate that the intensive support provided by the Group Home continue for nine months. The youth needs to get a structured environment and strict rules.

He also needs to address his substance abuse and anger management issues. [ 19 ] For now, the Director has to prepare a plan that does not include the parents’ collaboration, which is non-existent. Both reject their son and refuse to work on their personal issues. [ 20 ] [social worker 2] seems to have created a bond with the youth, who trusts her; the youth demonstrates a capacity and need for attachment. His self-esteem is low. [social worker 2]’s report of August 22, 2012, summarizes the youth’s present situation.

She proposes some recommendations that cover well the youth's actual needs. [ 21 ] The youth had a psychological assessment by Mr. Nelson G. Tardif, psychologist; his report of April 19, 2012 contains four recommendations, which appear highly appropriate. [ 22 ] The youth has also met with a child psychiatrist, Dr. Larose, and a medical follow-up appears to be pertinent, as recommended in Mr. Tardif’s report. [ 23 ] As for school attendance, it was very low when the youth was with his mother. It is more regular now that he is at the Group Home.

School attendance, and also encouragement to study, should continue to be a priority. [ 24 ] Special attention should also be placed on addressing the youth's substance abuse issue, which started in the youth’s life at an early age, and that has obviously become a serious concern. [ 25 ] FOR THESE REASONS, THE COURT: [ 26 ] GRANTS the petition. [ 27 ] DECLARES that the security and development of X, born on [...], 1999, is in danger, pursuant to sections 38 b),

c) and f), of the Act. [ 28 ] ORDERS the placement of the youth in a rehabilitation centre for a period of nine (9) months. [ 29 ] RECOMMENDS the Group Home of Town A. [ 30 ] ORDERS that the youth receive the health services and health care required in his condition, notably but not exclusively, psychological follow-up and psychiatric assessments, if needed, counselling, and any other medical needs that would be identified by the professionals. [ 31 ] ORDERS that the youth attend school on a daily basis. [ 32 ] AUTHORIZES contacts between the youth and his parents, to be supervised by the Director as to the terms and conditions. [ 33 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the parents and to the youth for a period of nine (9) months. [ 34 ] ORDERS that both parents and the youth take an active

part in the application of the measures ordered, notably to attend regular meetings with the Youth Protection Worker. [ 35 ] RECOMMENDS that the parents address their own issues. [ 36 ] ORDERS that the police collaborate in the execution of this judgment. [ 37 ] ENTRUSTS the youth’s situation to the Director of Youth Protection for the purpose of executing the present judgment. __________________________________ CLAUDE BIGUÉ, J.C.Q. Me Marianne Gagnon-Bourget For the petitioner Me Myriame Gaudreault For the youth A, mother, present, personally B, father, absent, personally

Date of hearing: October 16, 2012