2012 QCCQ 8654, 2012 QCCQ 8654

Protection de la jeunesse — 122448 2012 QCCQ 8654 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No: 525-41-019100-072 DATE: May 28, 2012 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Youth and Family Centres Applicant - and - X Born on […], 1995 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Y.P.A. ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [Y.P.A. sections 11.2.1 and 135] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of May 28, 2012, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for revision by the Director of Youth Protection of an order rendered December 15, 2011, entrusting the adolescent to foster care until his age of majority with aid, counsel and assistance for the same period. [ 3 ] The principal facts alleged in support of the motion are the following: • On December 16, 2011, the adolescent stopped taking his medication for Attention Deficit Hyperactivity Disorder without informing anyone; • The adolescent visits his mother every weekend; • The adolescent exhibits serious behavioural disturbances, more particularly but not restrictively in that: . on January 15, 2012, the adolescent did not return to his foster home and went directly to school on Monday, January 16; . on January 16, the school asked the foster mother to pick up the adolescent, as he was smelling of alcohol and of marijuana; . the adolescent has not been respecting his curfew; . the adolescent has not been respecting the foster family rules around chores; . the adolescent has been disrespectful towards a teacher; • On January 24, 2012, the adolescent asked his youth protection worker to be removed from the foster family immediately; • On January 24, 2012, the adolescent was place at Group Home [A].

[ 4 ] On April 19, 2012, the Court declared still compromised the security and development of the adolescent and ordered that the adolescent be entrusted to a rehabilitation centre until May 28, 2012, taking judicial notice that the adolescent would begin integrating a foster home during this time, if the situation allowed. [ 5 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre until his age of majority, that the adolescent continue his drug counselling at Pavillon A and that a social follow-up be maintained with the family for the same period. [ 6 ] The mother agrees with the measures recommended by the DYP, but is asking for X to remain at B group home until he is integrated at C group home when he turns seventeen.

The mother states that she is ready to address her substance abuse issues and would accept to integrate a residential drug program with her son. The mother agrees to collaborate with DYP. [ 7 ] The adolescent admits the facts alleged in the motion and consents to the recommended measures. The adolescent states that he wishes to be maintained at B group home.

X says that at [ Group Home A]. he is often punished and that his efforts are never recognized. [ 8 ] The Court also heard the testimony of Ms. [intervenante 1], human relations’ agent, and read the reports the Director filed as proof of the adolescent’s situation. The evidence reveals that the adolescent tried integrating two foster families and that he was not able to follow the rules or feel part of the family.

The adolescent has been seeking freedom and pleasure and has been using marijuana on a regular basis. [ 9 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to a rehabilitation centre until his age of majority.

The adolescent has enrolled in the A Program and this will enable him to work towards independent living. [ 10 ] The evidence and the admissions made have convinced the Court that the security and development of the adolescent are still compromised. [ 11 ] THEREFORE, THE COURT renders the following final measures: [ 12 ] ORDERS that the adolescent, X, be entrusted to a rehabilitation centre until his age of majority; [ 13 ] RECOMMENDS strongly that the adolescent be maintained at B group home until he can integrate the C group home; [ 14 ] ORDERS that the adolescent receive all health care services required by his situation; [ 15 ] RECOMMENDS that the adolescent continue his drug counselling at Pavillon A or participate in individual counselling; [ 16 ] ORDERS that the adolescent submit to random drug and alcohol testing upon request by DYP, TAKING JUDICIAL NOTICE of the adolescent’s agreement; [ 17 ] RECOMMENDS that the mother seek treatment services to address her substance abuse issues; [ 18 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family until his age of majority, October 6, 2013; [ 19 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall see that the measures are carried out; [ 20 ] ORDERS the execution of the present order by any peace officer.

AMJ/dg Signed May 30, 2012 Ann-Marie Jones, J.C.Q. Me Camille Champeval Counsel for the Director of Youth Protection Me Daniel Bouchard Counsel for the adolescent Date of hearing: May 28, 2012