2019 QCCQ 18782, 2019 QCCQ 18782

Protection de la jeunesse — 197945 2019 QCCQ 18782 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-029715-158 Date: September 6, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2005 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 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 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of September 6, 2019, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on June 15, 2018, whereby the now fourteen year-old adolescent, X , was entrusted to a rehabilitation center with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for extension dated May 23, 2019, are as follows: 3.1. the adolescent is involved in therapy on a weekly basis and has reportedly made progress; 3.2. the mother’s health has continued to deteriorate and she had to be placed in a “residence intermédiaire” on July 3, 2018; 3.3. the adolescent has continued to resist visiting with his mother as he struggles with her failing health; 3.4. the adolescent has maintained regular contact with the father; 3.5. the father was diagnosed with autism and is seeking help from the curator; 3.6. the adolescent has continued to display challenging behaviours; 3.7. the adolescent was transferred in the community however, this was short lived as he was involved with criminal activities; 3.8. the adolescent continues to require the structure and supervision of a rehabilitation centre (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center, with a gradual integration to his father’s care beginning on December 20, 2019 with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Denault, admitted all the alleged facts and consented to the proposed measures, adding that the situation has improved with respect to her contacts with her son and that she hopes it will continue.

[ 6 ] The father, who chose to proceed without the assistance of legal counsel, also admitted most of the alleged facts and consented to the proposed measures, indicating that he is very eager for his son to return to his care. [ 7 ] The adolescent, assisted by Me Shapiro Knight, also admitted most of the alleged facts and consented to the proposed measures. He also requested a transfer to a group home as soon as possible so that he can attend High School A. [ 8 ] The Director filed Exhibits D-12 and D-13 as evidence: D-12: Court Report, prepared by [social worker 1], dated May 16, 2019; D-13: Addendum, prepared by [social worker 1], dated September 3, 2019. [ 9 ] In

summary, the facts alleged in support of the application are admitted and the parties recognize that the adolescent’s immediate return to his father’s care would be premature. [ 10 ] Although he was making significant progress, the adolescent was involved in a robbery on March 9, 2019 that effectively derailed his transfer a community group home and any plans for an earlier return to his family. [ 11 ] However, he seems to have taken responsibility for his actions, and his behavior has improved over the summer. [ 12 ] His father testified regarding the positive changes he has seen in his son who clearly has great strengths to build on: His strength is his intelligence, and it showed in his marks as he is currently on the Honour Roll and had excellent marks on his last report card. [2] [ 13 ] The adolescent and his family are adapting as well as possible to very difficult circumstances as a result of the mother’s ailing health (“his mother has a form of early onset dementia or Alzhermer’s”) [3] and his father’s autism diagnosis. [ 14 ] The father testified that he would be working the night shift to minimize his exposure, as a hospital orderly, to disturbing noise levels and he would take steps to ensure the adolescent’s supervision when he returns home. [ 15 ] The parties all agreed on the importance of proceeding slowly and gradually with the adolescent’s reintegration to his father’s care to allow the family time to make any necessary adjustments and to maintain a certain flexibility until the end of the school year. [ 16 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent’s interest.

THEREFORE, THE COURT: [ 17 ] GRANTS the application; [ 18 ] DECLARES that the security and development of the adolescent, X , remain in danger 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: [ 19 ] ORDERS that the adolescent remain entrusted to a rehabilitation center TAKING JUDICIAL NOTICE that steps have been taken to allow him to transfer to Group Home A, as soon as possible; [ 20 ] ORDERS that the adolescent be gradually reintegrated to the care of his father beginning on December 20, 2019 with a full reintegration by June 23, 2020; [ 21 ] ORDERS that the adolescent continue to receive psychological services; [ 22 ] ORDERS that the frequency and modality of contacts between the adolescent and his parents be determined by agreement between the parties TAKING JUDICIAL NOTICE that the adolescent is spending most weekends with his father and that contacts are encouraged; [ 23 ] TAKES JUDICIAL NOTICE that the adolescent wishes to maintain contacts with his mother once every two weeks for an hour and that such contacts are unsupervised and intended to continue to occur on a regular basis; [ 24 ] RECOMMENDS that the parents continue to seek services in the community; [ 25 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and his family; [ 26 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 27 ] THE WHOLE for a period of one year.

Signed on September 20, 2019 TAYA DI PIETRO, Q.C.J. Me Christine Waldvogel Attorney for the Director of Youth Protection Me Judith Ann Shapiro Knight Attorney for the adolescent Me Louise Denault Attorney for the mother TD/vl