2011 QCCQ 8994, 2011 QCCQ 8994

Protection de la jeunesse — 112171 2011 QCCQ 8994 JL3389 QUEBEC COURT CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 525-41-015151-046 DATE : March 22 nd , 2011 _____________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MICHÈLE LEFEBVRE, J.C.Q. ______________________________________________________________________ In the matter of : X Born on […], 2000 [Social Worker 1] , in his capacity as person duly authorized by the Director of Youth Protection A Youth and Family Centres Applicant - and - A , the mother - and - B , intervening party ______________________________________________________________________ JUDGMENT (Sections 91 and 95, Youth Protection Act, L.R.Q.c.P-34.1) ______________________________________________________________________ [ 1 ] The present judgment confirms in writing the decision rendered orally at the hearing held on March 22 nd , 2011. [ 2 ] The Court is seized with a motion to review and extend an order rendered on January 25 th , 2010, concerning X . [ 3 ] Essentially, the Director of Youth Protection sustains: 3.1 the child is doing well in his group home and is meeting the program's expectations; 3.2 the child is also doing well in school both academically and behaviour-wise; 3.3 the child X has demonstrated a stronger ability to control his aggressive behaviour and displays less negative attention seeking behaviour; 3.4 the child X has received a therapy with [Social Worker 1] to address the issue of sexualized behaviour; 3.5 new information was disclosed from X to the effect that while living at the home of Mr.

B, he at times would watch adult movies at night; 3.6 the child X has recently been engaging in sexually explicit conversations with other children at his group home and therefore requires a higher level of supervision and structure; 3.7 the child Y is scheduled to begin to receive Art Therapy to address issues of anxiety and difficulty to handle changes in his routine; 3.8 Mr. B has maintained regular contact with the child, once a week at BYFC office and every Sunday out in the community, and at times have lunch at his home;

3.9 Mr. B continues to, at times, lack the capacity to adequately supervise the child and his brother during the visits; 3.10 The child expresses ambivalence when discussing the possibility of returning to live with Mr. B; 3.11 Mr. B himself is presently going through a period of reflection as to his actual capacity to have the child and his brother returned to live with him on a permanent basis; 3.12 Mr.

B has been attending a treatment centre to address his alcohol abuse problem; 3.13 the child continues to express the wish to live in the same group home or possibly foster home as his sibling; 3.14 there has not been any contact between the child and his mother with the exception of unplanned encounters on the street during which Mr.

B was present; 3.15 the plan is for the Director of Youth Protection to take the necessary steps to locate a foster home for the child in the coming months; [ 4 ] With the consent of the parties, the Court proceeded to a joint hearing in the case of the child and his sibling. [ 5 ] The Director of Youth Protection is recommending that the child be entrusted to a rehabilitation centre until June 30 th 2011 and that after this period he be entrusted to the care of Mr. B, as appears in the Court record. [ 6 ] Mr. B is recognized as a party in the proceedings.

Through his attorney, he admitted some of the allegations of the procedure and declared to be in agreement with the measures proposed by the Director of Youth Protection, as appears in the Court record; [ 7 ] The child, through his attorney, admitted some of the allegations of the procedure and declared to be in agreement with all the measures proposed by the Director of Youth Protection, as appears in the Court record; [ 8 ] By consent and to serve as evidence, the Director of Youth Protection filed the following documents: D-1: Court report dated May 20 th , 2010, by [Social Worker 1]; D-2: Addendum dated September 3 rd , 2010, by [Social Worker 1]; D-3: Second Addendum dated November 9 th , 2010, by [Social Worker 1]; D-4: Third Addendum written by [Social Worker 3], dated March 14 th 2011; [ 9 ] By consent and to serve as evidence, Mr.

B, through his attorney, filed the following documents: I-1: Lettre du Centre A; I-2: Certificat du groupe A; [ 10 ] ANALYSIS OF THE EVIDENCE AND DECISION [ 11 ] The Court finds from the evidence, that X (10 years old) has been struggling both at school and in the group home, to maintain appropriate behaviours. [ 12 ] X has been consistent in his request to be with his brother. The orientation sought has been to integrate him into a foster home and efforts have been made to find a suitable home for him, but to no avail. [ 13 ] Mr.

B has been in the life of X and his brother for most of their lives and has looked after them for most of this time. He is prepared and willing to continue to care for them. There are some concerns with regards to Mr. B's ability to be a full-time caregiver for X and his brother. However, he has continued to maintain visits and contacts with the children and is reported to be able to provide a stable, secure and structured environment during these visits. Furthermore, Mr. B has maintained his sobriety for the past year. [ 14 ] Mr. B is committed to X and his brother. X wishes to return to the home of Mr. B.

This should be done progressively in order to ensure the viability of the plan. All are willing to collaborate with the services provided to this end. [ 15 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X continue to be in danger within the meaning of the Youth Protection Act. [ 18 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 19 ] ORDERS that both children remain in their respective group homes until June 30th 2011, at which time they will be entrusted to Mr. B, under the following conditions : - Mr. B occupies a larger appartment (which he has committed to find between now and then);

-Mr. B maintains his sobriety; -Mr. B and the boys participate in the A program and collaborate with this program; -Mr. Allaire participates in a parenting course (which the Social Worker will help him find and which should be approved by the Departement of Youth Protection) - Mr. Allaire provides adequate supervision to both children; [ 20 ] TAKES NOTE that Y's lawyer has specified that until the age of 13 years old, he not be left alone; [ 21 ] TAKES NOTE that Mr.

B is in agreement with the following and ORDERS that he submit himself to random alcohol or drug testing when required by the Director of Youth Protection; [ 22 ] ORDERS that the contacts between the children and Mr.

B until June 30th, 2011 be extended and increased; [ 23 ] ORDERS that the frequency and modality of contacts between the mother and the children be detemined by the Director of the Youth Protection and supervised if deemed necessary; [ 24 ] TAKES NOTE that the contacts between the mother and the children will be reinstituted after the mother has met with the Director on two (2) occasions; [ 25 ] WITHDRAWS from the mother certain attributes of the parental authority and AUTHORIZES the Director of Youth Protection to sign all consents and documents necessary to meet the different needs of the children, including their medical needs until June 30th, 2011 at which time Mr.

B will be authorized to sign these consents to meet the different needs of the children, including their medical needs; [ 26 ] ORDERS that aid, counsel and assistance be provided to the children and their family; [ 27 ] RECOMMENDS that the necessary steps be taken by the Departement of Youth Protection to ensure that Y may pass the entrance exams at A High School; [ 28 ] THE WHOLE until June 30th, 2012 except for the period of placement which will end on June 30th, 2011; [ 29 ] ENTRUSTS the situation of X to the Director of Youth Protection A Youth and Family Centres, who shall then see the measures are carried out, and these measures may be executed by any peace officer, if necessary.

SIGNED in A town __________________________________ MICHÈLE LEFEBVRE, J.C.Q. M e Myriam Deblois Attorney for the applicant M e Louise Denault Attorney of the adolescent X M e Judith Shapiro-Knight Attorney of the adolescent Y Me Jean-Hervé Thomas Attorney of Mr B, party Judgment rendered verbally on March 22 nd , 2011. ML/mlm