2020 QCCQ 3970, 2020 QCCQ 3970

Protection de la jeunesse — 204631 2020 QCCQ 3970 JB5047 QUEBEC COURT CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth division »

N° : 455-41-000680-108 DATE : July 21, 2020 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF : X Born on [...], 2003 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A; Applicant -and- A The mother -and- B The Father ______________________________________________________________________ RECTIFIED 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 the revision of the Court order rendered on January 25, 2017. [ 2 ] By this decision, the Tribunal declared that the security and development of X were still in danger for the motives of serious risk of physical abuse, physical abuse and psychological ill-treatment. [ 3 ] As protective measure, the Court withdrew the exercise of certain attributes of parental authority from the parents and authorized the Director to sign the authorizations for X and his brother required for medical, school, extracurricular, recreational and travel purposes including the application for a passport and for driving lessons and drivers’ licences. [ 4 ] The Court maintained all other measures rendered on December 7, 2011 not inconsistent with this judgment, which namely entrusted the child to a foster family until X’s age of majority, ordered that all the contacts with the parents be decided by the Director as to the terms and frequency and that they be supervised by a third person approved by the Director with the possibility of lifting supervision depending on the progress of the situation. [ 5 ] Today, the Director considers that the security and development of the youth are still in danger for the same motive. [ 6 ] Because of the new facts alleged, the Director recommends revising the protective measures to order that the child be entrusted to a rehabilitation centre for a period of six months, to authorize during this period, that the youth be entrusted to a foster family, to authorize supervised contact with his parents according to the frequency and modalities set by the Director, and maintain all compatible measures rendered on January 25, 2017, the whole for a period of 6 months. [ 7 ] At the hearing on July 21, 2020, the mother is absent and not represented.

She was duly served and informed the worker that she would not be able to be present as she has to deal with another situation in court regarding her other children who were signalled to the Director. She told the delegate she wished for X to remain in his current foster home after a time of reflection in the centre. [ 8 ] The father is also absent and not represented. The Director wasn’t able to serve him as his address is unknown. However, he was informed of the current proceedings through a worker from PQJ (Programme Qualification des Jeunes).

[ 9 ] The Court allows the Director to proceed in the parents’ absence. [ 10 ] X is present via video from the centre. The youth’s lawyer mentions that X wants to be entrusted to his paternal aunt, Ms. C, and that he denies some facts in the reports. Question in litigation [ 11 ] Should X be entrusted to a rehabilitation centre or to Ms. C?

Evolution of the situation [ 12 ] For the past 10 years, X and his brother Y (now 18) have been entrusted to the same foster home. [ 13 ] Ever since their placement, the boys were invested by their foster parents and consider them like their own parents, calling them mom and dad. [ 14 ] Y remained in his foster home even after his 18th birthday, although he continues on working toward his autonomy. [ 15 ] He works full time for a company that builds and sells furniture. [ 16 ] X travelled a lot. He went to Vietnam, Thailand, India and Nepal.

He continued to be schooled during his travels. [ 17 ] He has been struggling with school. Being ADHD and dyslexic, following class is a challenge. [ 18 ] During the last school year, he was in a special program where he started working stages in a garage which he liked. [ 19 ] X had been doing well in his foster home, although he could at times be disrespectful towards the foster mother.

He complains that he has too many chores to do. [ 20 ] He usually responds well to their parental supervision. [ 21 ] Last August, he ran away from home with another youth who had been restrained by the foster father (whom the youth had hit in the face). [ 22 ] Found on the same night, X said he wanted to go in another foster home or in an apartment. [ 23 ] Although he mentioned he was not scared for himself, he said he disapproved the foster father’s intervention.

But mostly, he complained that he had too many chores to do and not enough permission to go out. [ 24 ] Upon further investigation, the delegate presented X that the rules were normal for a youth of his age and X accepted to remain. [ 25 ] Despite it all, he ran away again on September 24 th . He called and mentioned that he was taking a “vacation” for about 5 days. [ 26 ] He was found on the same day by the police at Ms. C’s home. [ 27 ] Ms. C is taking care of some other children of the family. She is currently being evaluated to be a foster home for them. [ 28 ] Ms.

C says that when X arrived at her house, she asked him to call his foster parents and that it was for him to call. [ 29 ] When the delegate called Ms. C’s home to speak to X, she refused to identify herself, even though it was mentioned to her that there was a warrant for X to be brought to the Director. [ 30 ] She said she did not mind and that she would keep him until he was ready to voluntarily go back. [ 31 ] X was found at Ms.

C’s home and brought to [Resource A]. [ 32 ] On his way there, X explained again that there were too many rules and that he wanted to go live in an apartment. [ 33 ] He also mentioned that he wanted to see his paternal half-brothers who were residing with Ms. C. [ 34 ] After a few days of reflection, X accepted to go back to his foster home.

But he mentioned that he wanted to integrate an apartment before his 18 th birthday. [ 35 ] He was registered to PQJ in order to work towards that goal. [ 36 ] In November 2019, when the Director did his annual revision, it was recommended that X remain in his foster home. [ 37 ] But then the situation started to deteriorate. [ 38 ] In January 2020, the two brothers have been caught stealing as they used the foster parents’ Amazon account and credit card to buy goods (value of around 500$) without authorization. [ 39 ] They also stole the keys of the postal box, and bought games with the PayPal account of their foster parents. [ 40 ] X and Y now face accusations in regards to these thefts.

[ 41 ] It took many days for the boys to admit to their mischief.

At that moment, X said he did not regret doing what he did. [ 42 ] A few weeks later, X finally apologized and his general behaviour improved. [ 43 ] In June 2020, some objects were stolen from the foster home (collector’s knife, various tools). [ 44 ] Other objects were also stolen from the neighbour (ladder, lawnmower, gazebo tent). [ 45 ] On June 12, the foster parents discovered that their knife was being sold on the internet and confronted X and Y. [ 46 ] Y admitted his participation as well as to X in committing these thefts. [ 47 ] When confronted, X denied his participation [2] and threatened to run away. [ 48 ] On June 12 th , X was entrusted to a rehabilitation centre under immediate protective measures. [ 49 ] During that weekend, the foster parents come into possession of a cell phone which was usually hidden in the boys’ room. [ 50 ] On X’s account, many text conversations were apparent.

His father answers that he can provide with a revolver for 150$. [ 51 ] It was also discovered through conversations he had with some friends that X planned on a burglary, inviting his friends to break and enter homes, armed in order to steal. [ 52 ] X late admitted to the thefts and mentioned he would not have committed the burglaries because no one wanted to come with him. [ 53 ] On June 18, 2020, the Court maintained X in a readaptation centre. Analysis and measures [ 54 ] X would like to be entrusted to Ms. C who cares for other members of the family. [ 55 ] Ms.

C testified in court. [ 56 ] She says that from the onset, X had confided to her that he had done something stupid, in relation to the thefts. [ 57 ] She told him she wanted to help him anyway she could and volunteered to have him in her home. [ 58 ] She admits that X should smarten up.

She says that she would help him do so. [ 59 ] She adds that she would collaborate with the Director as she is doing it for the two other children who are entrusted to her by the Director. [ 60 ] But at the same time, she says has a certain mistrust towards the DYP. [ 61 ] The Court cannot disregard the fact that in September, although she knew that X was awol, she condoned his behaviour by not revealing her name and address and where he was to the delegate. [ 62 ] How can the Court trust this person to be transparent and collaborate with the Director?

The question answers itself. [ 63 ] What other options are there for X? For now, he is in need of readaptation services as he started on a delinquent path and needs to find the right way again. [ 64 ] He is reported to be functioning well in the group home where he is staying right now. [ 65 ] After that, the Director will probably have to find a new foster home, as X seems to have burned his bridges with this foster family. [ 66 ] Unless he shows sincere remorse for his action and accepts to submit to their house rules. [ 67 ] For now, X still minimizes his actions and does not take full responsibility for them.

He refuses to apologize for his behaviour to the foster parents. [ 68 ] In fact, X tried to negotiate his apologies with an acceptance from the Director to go live with Ms. C. [ 69 ] On their part, his foster parents are still open to have him back. [ 70 ] The rest depends on how X is able to evolve in his thinking. [ 71 ] Contacts with Ms.

C can be possible as she has known X for a long time but must be orchestrated by the Director, as well as contacts with his half-brothers. [ 72 ] At the same time, she was not really present in his life for many years so all this must be taken into account by the Director. [ 73 ] As for his parents, the mother is still not ready to meet with X again after so many years of being absent from his life. She still maintains a good collaboration and keeps herself informed of her son’s situation.

[ 74 ] The father obviously lacked judgment in accepting to engage in a possible transaction with his son for the youth to obtain a gun. [ 75 ] The father also knew he was not respecting the court order when he communicated with his son. [ 76 ] Since father and son want to have contacts, it is better that these contacts be supervised. [ 77 ] After hearing the evidence and taking account of the different admissions, 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 youth X are still in danger; REVISES the Court order rendered on January 25, 2017 in the present file; ORDERS that the child be entrusted to a rehabilitation centre, for a period of six months; AUTHORIZES during this period that the child be entrusted to a foster family according to the evolution of the situation; AUTHORIZES , in the child’s favour, supervised contacts with his parents, according to the frequency and modalities set by the Director; WITHDRAWS the exercise of certain attributes of parental authority from the parents; AUTHORIZES the Director of Youth Protection to sign the authorizations required for medical, school, extracurricular, recreational and travel purposes, including the application for a passport, driving lessons and drivers licences; ORDERS that the parents report periodically to the Director of Youth Protection; ORDERS that the youth and his parents take an active

part in the application of any of the measures ordered; ORDERS that a person working for CIUSSS A or any other establishment or body, provide aid, counsel and assistance to the youth and his family for a period of six months; ENTRUSTS the situation of the youth X to the Director of Youth Protection to see that the measures are carried out; ___________________________________ PASCALE BERARDINO, J.C.Q. M e Christine Loubier Counsel for the Director Of Youth Protection M e Ysabelle Proulx Counsel for the youth Date of the hearing: July 21, 2020