2018 QCCQ 9538, 2018 QCCQ 9538

Protection de la jeunesse — 18806 2018 QCCQ 9538 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] “Youth Division” No: 610-41-000240-044 DATE: February 15, 2018 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], human relations agent, exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at […]; Applicant -and- X, presently residing at […]; Adolescent -and- A, domiciled and residing at […];; Mother -and- B, domiciled at […]; Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] On May 15, 2016, The Honourable Marie-Claude Bélanger, J.C.Q., rendered a decision in the situation of X, born on [...], 2001, entrusting the youth to a rehabilitation center for a period of six months with a progressive reintegration in a foster family, should the situation allow for it. Since living with the foster family of Mrs. C and Mr. D, the youth has been doing very well.

In order for him to continue his positive evolution in the environment where he is currently entrusted, the Director of Youth Protection filed a motion under

section 95 (par. 1 and 2) of the Youth Protection Act , asking this Court to entrust the adolescent to the foster family of Mrs. C and Mr. D until he reaches the age of majority. [ 2 ] This day, the youth, the father and the applicant are present and represented. As for the mother, she was notified of the present hearing on November 20, 2017. Although present in the life of her son, the mother is very inconsistent in her involvement, as well as with her collaboration with the Director of Youth Protection.

Considering the situation, the Court allows the proceeding of the motion in her absence. [ 3 ] The youth and the father both admit the allegations set forth and are in agreement with the measures proposed by the Director of Youth Protection. EVALUATION OF THE SITUATION [ 4 ] The youth was initially entrusted to a rehabilitation center on March 17, 2016. Throughout the placement, he demonstrated his ability maintain a good behaviour, which was also the case during outings with the targeted foster family.

On July 11, 2016, the youth was granted the opportunity to start his integration within a foster family residing in City A. [ 5 ] The youth started attending school in City A this past fall, and he is doing well. He returns to the rehabilitation center every other week in order to check-in and reiterate learnings, such as tools and teachings, to ensure he maintains his good behaviour. [ 6 ] The adolescent was highly motivated by his integration in a foster family in the community of City A, which gave him the opportunity to participate in a hockey team this season and to see friends and family on a regular basis.

This comes to prove that when the youth feels like he is being supported and cared for, he makes the necessary efforts to maintain better behaviour. He has clearly demonstrated this in these past few months.

[ 7 ] So far, the youth has been doing well, although two weeks ago, he admits to having consumed Cannabis and having left the house during the night. [ 8 ] The foster family is currently having their house renovated, and therefore are living in a trailer in the meantime. The foster mother, Mrs. C, mentions that there is less space for the family in the trailer. Furthermore, she has been supervising the renovations occurring in the home.

These circumstances have had, as a result, that the foster family was providing less supervision and structure to the youth. [ 9 ] The relationship between the youth and his father is fair. The adolescent has not spent much time with his father while growing up, as he was placed in foster care and his father was regularly incarcerated. However, when his father is in his hometown, he makes a point to stop and visit the youth, or they meet at the youth’s grandmother’s house. [ 10 ] As for the relationship between the youth and his mother, it is also fair.

They sometimes talk about the past, when he was still in her care, and sometimes they talk about more current things happening in his life. [ 11 ] The mother continues to struggle with drug addiction. She no longer sees her son on a monthly basis as she used to.

However, she still makes efforts to see him when she is in a good state of mind, and does collaborate with the Director of Youth Protection worker on occasion. [ 12 ] The mother is currently incarcerated for theft and is due to be released on November 3 rd , 2017. [ 13 ] The foster family is quite pleased, thus far, with the youth and the behaviour he has displayed under their care. They find him to be very polite and helpful around the house.

He is also able to respect the house rules that have been put in place. [ 14 ] The foster family hopes that, as soon as the renovations on their home are completed, the youth’s current situation will resume. They are well aware that the youth is capable of respecting house rules.

ANALYSIS [ 15 ] Due to the instability of the parents and their lifestyle, which includes drugs, alcohol and criminal activities, it is in his best interest that their son X be under the care and supervision of the Director of Youth protection until he reaches the age of majority. [ 16 ] The parents have made efforts to stay informed of their son’s well-being. Their collaboration with the Director of Youth Protection has improved.

Although it is in their son’s best interest that they stay involved with his situation, the Tribunal cannot consider entrusting the youth to either the mother or father. [ 17 ] In the past, the youth has been known to function well in foster care. Unfortunately, he can be easily influenced by his peers, and his own decisions often lead him to make poor choices that ultimately get him in trouble. [ 18 ] The youth does well when he is entrusted in an environment including structure and a set routine. Mrs. C and Mr. D’ foster home is able to provide these elements to the adolescent.

They are invested in his situation, and are ready care for him until he reaches majority. The Tribunal believes that it is in the youth’s best interest to be entrusted within their foster family until he reaches the age of majority. FOR THESE MOTIVES, THE COURT: [ 19 ] GRANTS the application; [ 20 ] ENTRUSTS the youth X, born on October 7, 2001, to the foster family of Mrs. C and Mr. D until he reaches the age of majority; [ 21 ] RECOMMENDS that the foster family may benefit of a respite when needed at the paternal grandmother’s, Mrs.

E; [ 22 ] ORDERS that an institution or body provide aid, counselling and assistance to the youth and the youth’s parents until he reaches the age of majority; [ 23 ] ORDERS that the parents get counselling for their drug and alcohol consumption as long as deemed necessary by the professionals; [ 24 ] ORDERS that the parents be sober in the presence of their son; [ 25 ] ORDERS that the contacts between X and his parents be determined by the Director of Youth Protection services as for the frequency, the modalities and be supervised by a third party if deemed necessary; [ 26 ] ORDERS that X receive all the health services required by the situation; [ 27 ] ORDERS that both parents report themselves at regular intervals to the Director of Youth Protection; [ 28 ] ORDERS that the parents accept the exchange of information between all professionals implicated in the family’s life to put an end to the situation in which the security or development of the youth are endangered; [ 29 ] ORDERS any police body to collaborate for the purpose of executing this enactment; [ 30 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the present decision.

__________________________________ Marc E. Grimard, J.C.Q. M e Julie Lemire Counsel for the applicant M e Catherine Dionne-Marcotte Counsel for the adolescent M e Daniel Ouellette Counsel for the father Date of hearing: December 6, 2017