2016 QCCQ 17917, 2016 QCCQ 17917

Protection de la jeunesse — 168832 2016 QCCQ 17917 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-029867-157 DATE : June 17, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on [...], 2004 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on June 17 th , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of a motion for revision and extension of a decision rendered by the undersigned on August 18 th , 2015.

The Director is asking that the child be entrusted to a rehabilitation centre until August 30 th , 2016, authorizing his gradual integration into a confidential foster home starting immediately, that the child be entrusted to a confidential foster home as of August 30 th 2016 and that aid, counsel and assistance be provided for a period of one year. [ 3 ] The parents, dully notified of the motion, are absent from Court. [ 4 ] On behalf of the child, essentially all the facts alleged in support of the motion are admitted.

The child agrees with the recommendations of the Director except that he is not currently open to receiving therapeutic services and that he is opposed to the prohibition of contacts with his parents. He wishes to have the possibility of having contacts, especially with his mother. CONTEXT [ 5 ] The youth has continued to remain in group a home where he has received the structure and consistency that he needs.

[ 6 ] Until November 2015, he was reported to be doing very well in school and no issues had been identified during school hours. However, the child exhibits challenging behaviours on the school bus leading to his occasional suspensions from the bus. [ 7 ] In November 2015, unbeknownst to the Director, the mother contacted the child. Following this, the child's behaviour deteriorated. He expressed feeling surprised that his parents were no longer living together.

The child has been observed since to be agitated, having a hard time managing his anger and frustrations and has tested limits and boundaries in the group home. [ 8 ] In December 2015, the mother contacted the worker and met with her hoping to have contacts with her son. The mother was asked to provide her telephone number and to meet again with the worker to discuss further her situation.

Unfortunately, the mother has failed to provide her phone number and to contact again the social worker. [ 9 ] In her report, the worker describes the deterioration of the situation of the child, expressing that it is unclear if the deterioration is related to the contacts between the child and his mother. [ 10 ] The youth has clearly expressed feeling more agitated and angry.

The youth continues to benefit from a follow-up with a child psychiatrist. [ 11 ] In February 2016, the youth has expressed his hope to be moved to a foster home in the near future. [ 12 ] In March 2016, the youth's behaviour continued to deteriorate and on March 15 th , he threatened staff that he would jump out the window of his bedroom. Police intervention was necessary and the youth was transported to the Montreal Children's Hospital, by ambulance.

At the end of the month, another incident occurred: when asked to take a "time out" in his room, the youth began destroying his personal belongings and had to be restrained. Soon after, he was crying, stating he did not know why he acted this way. [ 13 ] With the help of Dr. Vogel, the child's psychiatrist, his medication was adjusted and an improvement was soon observed. [ 14 ] In the meantime, continued efforts were made to try and identify a potential foster home for the child.

A family was identified and integration will be explored throughout the summer hoping for the full integration to be completed before the beginning of the new school year. [ 15 ] The Director has serious reservations about the possibility of organizing contacts between the parents and the child.

The current prohibition of contact does not allow for the Director to work on possible conditions for contacts to eventually take place. [ 16 ] Because the youth is requesting the possibility to have contacts, especially with his mother, the Director is not opposed to looking into the possibility of contacts should the parents (or parent) meet certain conditions and should the child's situation allow for contacts to be explored.

Under these circumstances, the Director welcomes the possibility to re-establish contacts should the conditions imposed by the Court be met. [ 17 ] The Director has established that the security and development of the youth are still compromised. The recommendations made by the Director meet the needs of the child and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 18 ] DECLARES that the security and the development of the child are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 19 ] ORDERS that the youth remain entrusted to a rehabilitation centre until August, 30th, 2016; [ 20 ] AUTORIZES a gradual integration into a confidential foster home, starting immediately; [ 21 ] ORDERS that the child be entrusted to a confidential foster home as of August 30th, 2016, until August 30th, 2017; [ 22 ] ORDERS that the child receive therapeutic services based on his needs, should he wish to receive therapeutic services; [ 23 ] WITHDRAWS from the parents the exercise of the attributes of parental authority and GRANTS said attributes to the Director of Youth Protection; [ 24 ] SUSPENDS the contacts between the child and his parents until such time as conditions are met: ▪ That the parents meet with the worker and discuss their commitment, motivation, stability and availability to resume contacts; ▪ That the child's situation be stable, that the child be willing to have contacts and that the Director be of the opinion that resuming contacts would be in the child's best interest; [ 25 ] ORDERS that aid, counsel and assistance be provided to the child and his family until August 30th, 2017; [ 26 ] ENTRUSTS the situation of the child to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 27 ] ORDERS the execution of the present judgment by any peace officer, if necessary.

_________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Edith Zavodni Attorney for the Director of Youth Protection Me Adriana Chafoya-Hunter Attorney for the child Date of hearing : June 17 th , 2016