2015 QCCQ 19926, 2015 QCCQ 19926

Protection de la jeunesse — 157269 2015 QCCQ 19926 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000667-154 DATE: November 23, 2015 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...], 2003 [interveneer 1] , Youth Protection worker, duly authorized by the Director of Youth Protection working at the Centre integré de santé et de services sociaux A, having a place of business at [...] in City A, district A (Quebec) [...] Applicant and A , residing and domiciled at [...] in City B, district A (Quebec) [...] Mother and B , residing and domiciled at [...] in City B, district A (Quebec) [...] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] The Director of Youth Protection asks the Court to review and extend its decision rendered on May 7, 2015.

On that date the Court declared that the security or development of the youth was compromised pursuant to the Youth Protection Act and maintained him with the mother with others measures for a period of 12 months. [ 2 ] If the Court concludes that the youth's situation is still compromised the applicant asks as one of the measures to entrust the youth in a rehabilitation center for 10 months with other measures for 18 months. [ 3 ] The mother is present and represented.

She acknowledges that her son's situation is still compromised and agrees with the applicant's recommendations for the applicable measures. [ 4 ] The youth is present and represented. He wants to go back with his mother. [ 5 ] The father is present and not represented. He does not wish to be represented even if the Court explained to him his rights in this regard. The facts [ 6 ] The Court considers the following facts as proven by preponderant evidence. [ 7 ] Since the last Court orders the youth's situation did not improve at all.

Even if everything was tried to ameliorate his school's attendance the youth did not go to school regularly and failed his Grade 4. The youth has not consistently attended school for many years. According to the principal of School A the youth will have to undergo some tests in order to determine the gaps in his knowledge. [ 8 ] In June 2015, a psychologist at the Centre Jeunesse recommended that the youth could benefit from being separated from his mother in order to be properly assessed by a child psychiatrist if deemed necessary. [ 9 ] On July 14, 2015, immediate protective measures were taken.

On that day the youth was acting out in behaviors that were placing him at risk and was entrusted to a rehabilitation center. On July 16, 2015, the Court returned the youth with his mother. After he was released from the center he said that he will change his mind about returning to school and will start the new school year in September. [ 10 ] From January 2015 to April 2015, he would be attending school slowly as per a service plan. In April he was to start full class's attendance. The youth's absents percentage was 55 % in January 2015 to 100 % by the end of June 23, 2015.

During this period he was receiving services from a psychoeducator at CSSS A. It did not motivate him to attend school. He would complain of always being tired and hearing voices at night when he was not able to fall asleep.

[ 11 ] As an attempt to motivate the youth to attend school the psychoeducator would arrive at around 7:30 in the morning and the child was still sleeping. At the beginning she thought he was suffering from anxiety but now she thinks it seems more a problem of behavior. [ 12 ] The mother became very frustrated and quite ill due to the stress. She was not able to attend her meetings with her mental health worker because she was not willing to leave the youth alone at home. The youth would not leave the home and be away from his mother from long periods of time.

He would never stay anywhere including the father's place overnight. The mother was feeling caged and the family situation was getting stressful because of the mother who could not parent her children any more and the resistant behavior of the youth. [ 13 ] On September 28, 2015, a person from the school board reported to the Director of Youth Protection that the youth has not attend one day of school since the beginning of the school year. The mother has not returned any phone calls. [ 14 ] At home the youth still had a lot of difficulty to conform to his mother's authority.

When he felt annoyed he could be very aggressive towards his mother and even cursed and yelled at her. Her sister reported to her social worker at school that she did not always sleep because the youth was staying up until the early hours of the morning to play video games. The mother reported that at times he woke her up at 3 or 5 in the morning by yelling at her for attention, which is very disruptive for the other siblings. • The youth [ 15 ] The youth is 11 years old. He has not been able to work with services despite the efforts of all.

He did not take any initiative to try to make even the smallest effort to get him self on track. He behaves in a way to have control of the home, the rules and routine not only for himself but for the whole family in general. [ 16 ] The youth asserted that he was scared to leave his house for long periods at a time or to go to school. However as soon as school was done for the day, he was out playing with his friends. [ 17 ] During his stay at the rehabilitation center the youth had no significant problems and slept well.

All through the summer months he was very social and had no problems leaving the family home for extended period of times. As soon as the school returned he complained again being sick and anxious. [ 18 ] During meetings with the worker the youth did not participate very much. He tended to be very dependant on his mother. He was still sleeping in the same bedroom as his mother. • The mother [ 19 ] She is very tired with the youth's situation. [ 20 ] However she was able to start her meetings with her mental health worker. She has important financial stress as well.

She complained frequently about the father and his lack of support. [ 21 ] The mother has no problems disciplining the other children. However when it comes to X she lets him get away with everything. She is not consistent with her view of the situation with the youth and tends to minimize his behaviors. She is concerned about her image as a parent. She blames the father for most of the problems with the youth. • The father [ 22 ] The father does not see the child much and does not participate with the discipline or parenting.

He is currently with a girlfriend. [ 23 ] According to Mrs A she tried to imply him in the youth's situation but it was impossible to reach him. He offered no collaboration. The father disagrees with Mrs A. He says he has tried many times to reach her. Last night he used Facebook to communicate with her and accused her of lying. He acknowledges today that it was not an appropriate way to communicate. [ 24 ] He works full time at Tembec. His financial situation is very difficult.

He receives psychiatric help every two months and takes a medication. [ 25 ] In May 2015, he was visiting his son once a week and it was going well even if it was difficult with the mother. He would like to visit his son at the center as often as possible. The youth could visit him at his place or his paternal grandfather's. Analysis and decision [ 26 ] The evidence is preponderant that this youth does not want to attend school. He does not want as well to follow any structure at home.

He has not go to school in many months and his future is at risk. [ 27 ] The youth has received Youth Protection services for many months. However this has not changed the situation with him because he did not make any effort to collaborate and did not change his mind concerning going to school. [ 28 ] The mother does have good intentions. However she is exhausted and has no more energy. The youth does not respect her authority and she does not have any control on him. [ 29 ] As for the father he is overwhelmed with his own situation.

Even he wants to see his son on a regular basis he cannot take charge of him. [ 30 ] The evidence is preponderant that the youth cannot be entrusted to his parents.

[ 31 ] The applicant's recommendations concerning the applicable measures are totally appropriate to the youth's situation. The Court has to ensure that the youth is stabilized in a setting where he can receive the education and autonomy he needs. [ 32 ] The Court concludes that the security or development of the youth is still compromised pursuant to the Youth Protection Act . The applicant's recommendations concerning the applicable measures are appropriate, reasonable and in the youth's best interest.

For these motives the Court: [ 33 ] Grants the motion; [ 34 ] Maintains that the security or development of X, born on [...], 2003, is still compromised under the Youth Protection Act ; [ 35 ] Entrusts the youth to a rehabilitation center for a period of 10 months with progressive reintegration in the last two months with the mother if the situation allows it; [ 36 ] Orders all the other measures for a period of 18 months; [ 37 ] Orders that a person working for an organism or body provides aid, counselling or assistance to the youth and the parents; [ 38 ] Orders that the youth attends school on a regular basis; [ 39 ] Acknowledges that the child will be placed at La Maison A, at the A Unit; [ 40 ] Orders that the youth receives any health and social services required by his condition; [ 41 ] Orders that the visits and contacts between the child and his parents be supervised by the Director of Youth Protection as for frequency and modalities, the father will be able to see his son minimally once a month; the mother will be able to see her son minimally once a week; [ 42 ] Takes judicial notice of the mother's consent and orders her to continue her personal follow-up with a professional as long as deemed necessary by that professional; [ 43 ] Takes judicial notice of the parents' consent and authorizes the exchange of information between all the professionals implicated in the family's life with the Director of Youth Protection; [ 44 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 45 ] Entrusts the situation of the youth to the Director of Youth Protection who shall then see that the measures are carried out. __________________________________ Josée Bélanger, J.C.Q.

Me Julie Lemire, attorney for the Director of Youth Protection Me Sébastien Lebel, attorney for the child Me Peggy Warolin, attorney for the mother Date of hearing: October 23, 2015