2015 QCCQ 14393, 2015 QCCQ 14393

Protection de la jeunesse — 153376 2015 QCCQ 14393 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-017413-055 Date: June 29, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 1999 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 95- 95.1 of the Youth Protection Act (L.R.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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of June 29, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a motion for extension of an order rendered by the undersigned, on April 10, 2014, whereby the now sixteen year-old adolescent, X , was entrusted to a rehabilitation center for a period of six months, with a possible reintegration to his mother’s care, with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the motion for extension dated September 24, 2014, are as follows: 3.1. since the court order, the adolescent has remained entrusted to a rehabilitation centre; 3.2. in the rehabilitation centre, the adolescent continues to exhibit behavioural difficulties, more particularly leaving the group home without permission, at times for extended period of time, inappropriate behaviour with girl at the group home and regular marijuana use among others; 3.3. the adolescent has had numerous visits to the mother’s home; 3.4. in the mother’s care, the adolescent exhibits numerous behavioural difficulties, more particularly but not restrictively in that:

a) despite the mother only having house rule that the adolescent have a curfew of 11 pm, the adolescent does not respect this rule;

b) the adolescent has left the mother’s home without permission at times for extended periods of time;

c) the adolescent has been verbally abusive towards the mother;

d) the adolescent continues to regularly use marijuana; 3.5. serious concerns exist in regards to the adolescent’s welfare given his numerous awols, his continued drug use and sexual behaviour with different girls in the community; 3.6. an educator attempted to engage the mother and the adolescent in services to no avail;

3.7. since July 30, 2014, the adolescent has refused to receive psychotherapeutic services from Dr.

Maas; 3.8. the adolescent has not been regularly taking his medication; 3.9. the mother is overwhelmed by the adolescent’s behaviour and she is not in a position to ensure the adolescent’s care; 3.10. the father has minimal to no contact with the adolescent; 3.11. given the adolescent’s serious behavioural issues and his lack of effort to address said behaviours, given the mother’s refusal to have the adolescent returned to her care, it is in the adolescent’s best interest to remain entrusted to a rehabilitation centre (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, and considering significant changes since the date of the motion, the Director recommends that the adolescent remain entrusted to a rehabilitation center, with a reintegration to the care of his father as of July 29, 2015, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 5 ] The mother, though duly informed of the hearing, chose not to attend. [ 6 ] The father, assisted by Me Morin, ignored most of the alleged facts, admitted he had had little to no contact with his son at the date of the motion, and consented to the proposed measures. [ 7 ] The adolescent, assisted by Me Sepinwall, denied most of the alleged behavioral disturbance but consented to his continued placement until the proposed reintegration to his father’s care. [ 8 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Court report, prepared by Cyril Tynes, dated March 31, 2015; D-2: Addendum to court report, prepared by [Social Worker 1], dated June 23, 2015. [ 9 ] In

summary, the evidence establishes the need for the adolescent’s continued placement. [ 10 ] Unfortunately, efforts to reintegrate the adolescent to his mother’s care proved unsuccessful and much remains to be done to rebuild a positive relationship between them. [ 11 ] The hearing was scheduled to begin on April 1, 2015.

The Director of Youth Protection’s position as expressed in the Court Report dated March 31, 2015 was then to recommend that the adolescent remain in placement until the age of majority. [ 12 ] However, the adolescent’s father, who had remained uninvolved in his son’s life, came forward expressing an interest in eventually being entrusted with the care of his son. [ 13 ] The parties agreed to the adolescent’s continued placement with increased contacts with his father on an interim basis to explore the feasibility of the father’s proposal. [ 14 ] The hearing was therefore continued on June 29, 2015. [ 15 ] As described in the Addendum to the Court Report dated June 23, 2015, visits between the adolescent and his father reportedly went generally well and both claim to be committed to receiving services to ensure that the reintegration is successful: Mr.

B has remained in contact with the undersigned after home visits to provide updates. Mr. B continues to wish to have X in his care. Mr. B is willing to also work with an Educator in order to support X’s integration home. X also wishes to be in Mr. B’s care and has stated being willing to work with an Educator in order to support his integration home. The undersigned will collaborate with Springfield staff in order to arrange the services of a homeward bound Educator to work with X and Mr.

B. [2] [ 16 ] The adolescent is also strongly encouraged to work on his own issues to ensure that he does his part to remain in his father’s care, including taking his medication and following the recommendations of his psychiatric assessment. [ 17 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the adolescent, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 20 ] ORDERS that the adolescent be entrusted to a rehabilitation center with reintegration to the care of his father as of July 29, 2015; [ 21 ] ORDERS that the frequency and modality of contacts between the adolescent and his parents be determined by consent amongst the parties;

[ 22 ] ORDERS that the services an educator be available to the adolescent and his family, for as long as necessary; [ 23 ] TAKES JUDICIAL NOTICE of the family’s willingness to collaborate with an educator; [ 24 ] STRONGLY RECOMMENDS that the adolescent engage in individual therapy, take his medication and follow through with the recommendations of his psychiatric assessment; [ 25 ] RECOMMENDS that the adolescent submit to random drug testing, when requested; [ 26 ] ORDERS that a person working for [Centres A] provide aid, counsel and assistance to the adolescent and his family; [ 27 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 28 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 29 ] THE WHOLE for a period of six months.

TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Bernard Sepinwall Attorney for the adolescent Me Marc Morin Attorney for the father Date of hearing: April 1 st and June 29, 2015. TD/vl