2017 QCCQ 17070, 2017 QCCQ 17070

Protection de la jeunesse — 177628 2017 QCCQ 17070 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-017347-055 DATE : October 2, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on [...], 2001 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on October 2 nd , 2017. [ 2 ] The Director of Youth Protection (the Director) seizes Court of a demande en revision of a decision rendered by the undersigned on July 10 th , 2013. The Director is asking that the youth be entrusted to a rehabilitation centre until his age of majority and that his contacts with his parents be suspended.

The Director is also asking, because the adolescent is no longer living with his foster parents, that the attributes of parental authority withdrawn from the parents be exercised by the Director. [ 3 ] The youth admits essentially all the facts alleged in support of the motion, adding precisions to some of the allegations. He agrees with the recommendations made by the Director and wishes to participate in a psychological follow-up pertaining to issues of attachment. [ 4 ] The adolescent has not seen his parents for approximately ten years. The hearing was conducted in two parts.

The parents and the youth agreed to proceed that way. [ 5 ] In the absence of the parents, the two workers involved with the adolescent testified briefly. [ 6 ] Before the parents entered the Court room, the adolescent left Court accompanied by one of his workers. He did not wish to meet his parents.

[ 7 ] Both parents ignored all the facts alleged in the motion as they pertained to their son and his situation. They agree with the recommendations made by the Director as they feel it is the best option for their son. They understand that no contacts will take place between them and the adolescent to respect his desire not to have any contacts. CONTEXT [ 8 ] The youth has been living with his foster parents since 2007. He considers them as his parents and calls them “mom” and “dad”. The foster parents are attached to the adolescent and consider him as their son.

As the worker puts it: “the foster parents know their son very well”. [ 9 ] The situation of the adolescent has been difficult for the past year. Even if the youth spends one weekend out of two in a group home in order to provide respite to the foster parents, it has been difficult for the foster parents to manage the increasingly difficult behaviour of the adolescent. [ 10 ] Through Facebook, the youth located his sister in the spring of 2016. Afterwards, inappropriate messages were sent to the adolescent (jokes of sexual nature as well as a video of his father).

The adolescent’s sister questioned him on his foster parents and stated she would come and get him away from the foster parents if he was ill-treated by them. [ 11 ] This whole situation created chaos for the adolescent. He reacted strongly and was in crisis. He feared to be taken away from his foster family. In addition, finding his sister and receiving these messages brought back painful memories of his early years with his parents causing nightmares for the adolescent. [ 12 ] Support services and treatment were provided to the adolescent following these events.

A treatment of four weeks was provided at the Day Hospital for Adolescents from the Douglas Institute. Programs were also offered at the YMCA in addition to his regular follow-up offered by the Director. [ 13 ] During the summer 2017, other events occurred. The young family dog was hit by the adolescent. When intervention took place following this event, the adolescent became out of control and hit the walls.

Other incidents took place also leaving the foster parents to request other options for the adolescent. [ 14 ] As the youth functions well in the group home where he is used to spend one weekend out of two, he was removed from the foster home and entrusted to the rehabilitation centre temporarily. All options considered, the Director feels that it is best for the adolescent to benefit from the structure offered by the rehabilitation centre while keeping contacts with his foster parents.

It seems that the adolescent will be able to join the foster family, from time to time, for Sunday diners, summer holidays, birthdays, Christmas, etc. [ 15 ] Since the foster parents are committed to remain involved with the adolescent and are willing to continue to exercise the attributes of parental authority, the request of the Director to be authorized to exercise the attributes of parental authority is denied. The Court concludes that it is best for the adolescent that these attributes be exercised by the person who knows him best.

The workers have expressed that the youth is capable to understand the role his foster mother will continue to play even if he will remain fostered in a rehabilitation centre and will not be going back to live with his foster parents. [ 16 ] Taking into consideration that the youth is not ready and does not wish to have any contacts with his parents, the Court concludes that under the circumstances, a suspension of contacts is indicated in order to protect the adolescent. The youth has expressed a desire to meet with some of his siblings although he is not ready to do so right away.

With the support, help and guidance of the Director, contacts will be allowed if and when the youth is ready to go forward. [ 17 ] The Director has established that the security and development of the adolescent are still compromised. The measures recommended meet his needs and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 18 ] DECLARES that the security and the development of the adolescent are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 19 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 20 ] TAKES ACT of the wish of the adolescent and the recommendation of the Director that the adolescent continue to attend the same school; [ 21 ] RECOMMENDS to the Director to designate a living environment close enough to the school that adolescent is currently attending in order to favor the continuity of school services provided to the adolescent; [ 22 ] WITHDRAWS from the parents all attributes of parental authority save and except surveillance and GRANTS the exercise of these attributes to Mrs.

C; [ 23 ] ORDERS that the adolescent receives the following health and care services: the continued follow-up in child psychiatry and follow-up in in psychology, within thirty (30) days; [ 24 ] ORDERS the parents to inform the Director of any change in their situation, including change of address and phone number; [ 25 ] ORDERS the Director to ensure that all efforts are made in order for the adolescent to maintain contact with his former foster family and ALLOWS the adolescent to spend time with his former foster family according to the modalities, frequency and duration of contacts determined by the Director;

[ 26 ] SUSPENDS contacts between the adolescent and his parents; [ 27 ] ALLOWS contacts between the adolescent and his sibling (s), if the adolescent agrees to these contacts and if the Director determines that the contacts would be in the best interest of the adolescent: the Director will then determine the modalities, frequency and duration of said contacts; [ 28 ] RECOMMENDS that the adolescent attend school regularly; [ 29 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his parents until the adolescent reaches his age of majority; [ 30 ] ENTRUSTS the situation of adolescent to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux de l'Ouest-de-l’Île-de-Montréal , who shall then see that the measures are carried out; [ 31 ] ORDERS the execution of the present judgment by any peace officer, if necessary. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Louise Dandavino Attorney for the Director of Youth Protection Me Adriana Chafoya-Hunter Attorney for the adolescent Date of hearing : October 2 nd , 2017