2018 QCCQ 13085, 2018 QCCQ 13085

Protection de la jeunesse — 183417 2018 QCCQ 13085 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 615-41-001842-136 DATE: June 21, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2004 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and A, detained Mother ______________________________________________________________________ JUDGMENT (Section 95 Y.P.A., R.S.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 Director of Youth Protection A submits a motion asking to review the judgment rendered by Judge Lucille Chabot, J.C.Q., dated on September 7, 2017.

Now, the applicant requests X’s placement in a reception centre for a period of one year with possible reintegration in foster home after six months. [ 2 ] At the hearing, the youth is represented by Yan Massé and Me Camille Champeval acts on behalf of the applicant. The mother is absent. The youth agrees to proceed in her absence taking into consideration that she did not attend the last hearings. [ 3 ] The youth admits most of the allegations but disagrees with the measures. He rather stay in a foster home.

He admits having serious issues in relation with his mother’s abandonment. [ 4 ] A revision report, incident reports from the school and the group home, school absence reports and report card are filed. [ 5 ] The evidence reveals the following facts. [ 6 ] On July 11, 2013, X was placed in a foster home until the age of majority. On September 7, 2017, his situation was revised and then his placement in a foster family was ordered for one year. [ 7 ] At the time, the youth integrated a new foster home.

His misbehaviours were recent, and with the new structure, the social worker believed that it would resolve his misconducts. [ 8 ] Now, it is proved that the youth continued to misbehave. He was suspended from school repeatedly, did not respect the authority of the foster parents nor their rules.

He consumes marijuana regularly and displays aggressive behaviours towards other peers. [ 9 ] The foster parents acknowledge that they are overwhelmed by such behaviours and that they cannot manage him anymore. [ 10 ] Since April 6, 2018, the youth is placed in a group home. [ 11 ] In such structured setting, the youth’s behaviours improved a little. [ 12 ] The mother is still absent and is not involved in the youth’s life. [ 13 ] The youth evolved in four different foster homes since 2017. It took six months for the applicant to find the last one.

The youth is very reluctant to meet and talk to a therapist, but he acknowledges that he needs so.

[ 14 ] From the evidence, the Court is convinced that X needs to evolve in a structured setting and that he needs such specialised services on long-term basis. His situation deteriorated over the last year. He needs urgently a psychotherapy. Only his motivation and collaboration may ensure that progress will be achieved. [ 15 ] Consequently, the Court is convinced that a placement at the reception centre is necessary, and for the duration, the Court will fix it until the end of June 2019, until the end of the school year.

Integration in a foster family might start in January 2019 if the youth’s evolution allows it.

FOR THESE MOTIVES, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X are still in danger; [ 18 ] ORDERS the placement of X in a reception centre until the end of June 2019 with a possible reintegration to a foster family starting in January 2019 if the evolution of the youth allows it; [ 19 ] ORDERS the Director of Youth Protection to supervise any access rights between the youth and his mother as for the modalities and the frequency; [ 20 ] ORDERS the Director of Youth Protection to offer a psychological follow-up to X for as long as he deemed necessary; [ 21 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the mother if she requests it and the youth for a period of one year; [ 22 ] WITHDRAWS from the mother certain attributes of parental authority and AUTHORIZES the Director of Youth Protection to give all authorizations and sign all documents in medical, educational and recreational matters; [ 23 ] ORDERS any police officer to collaborate in the execution of the present judgment; [ 24 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Camille Champeval Attorney for the applicant Me Yan Massé Attorney for the youth Date of hearing: May 23, 2018