2011 QCCQ 20155, 2011 QCCQ 20155

Protection de la jeunesse — 118031 2011 QCCQ 20155 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] [...] « Youth Division »

N°.: 450-41-002290-048 DATE : December 13 th , 2011 ______________________________________________________________________ IN THE PRESENCE OF : THE HONOURABLE MICHEL DURAND, J.Q.C. ______________________________________________________________________ IN THE MATTER OF THE YOUTH : X Date of birth : […], 1996 _______________________________ [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of the Centre jeunesse A working at […], Town A , district A Declarer And A , […], Town A, province of Quebec, […], district A, and B , […], Town A, province of Quebec, […], district A, Parent of the youth And LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE , […], Town A, province of Quebec, district A; ________________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Court is seized with a motion for revision of the court order rendered on September 26, 2006, by Mrs Justice Lise Dubé when she entrusted X to a foster family.

[ 2 ] Since 2006, new facts occurred and counsel for the D.Y.P. made this

summary: «4. […]

a) The youth has been in the same foster family for over five years;

b) The youth has showed numerous behavioural difficulties in his foster family namely he will seek constant attention. He is defiant and intimidating and will not do his task's at all or will not do them approprietly;

c) On august 29 th 2011, the youth was brought to the reception center for an "arrêt d'agir" but even after that, his behaviour did not improve;

d) Even though the youth has been in the same foster family for over five years, he did not seem to create a bond with the foster parents. His doctor Caroline Langlais is now investigating a possible attachment disorder;

e) The youth is taking a medication of Concerta to help control his behaviour;

f) The youth goes to A School in Town B where he is receiving support for his leaming difficulties. Last year, it was noted that the youth could be aggressive and intimidating;

g) The youth has regular contacts with his parents and siblings. He enjoys those contacts but sometimes shows behavioural difficulties during the visits (will talk loudly, be hyperactive ... );

h) The youth wishes to go back to his parents but he understands that he needs to work his behavior first;

i) The foster family is no longer able to care for the youth;

j) A place is available at A group home in TOWN B;» [ 3 ] These allegations were proven by a revision report from Mr [Social Worker 1] dated October 16, 2011. [ 4 ] Counsel for the parents explained that they agree with the conclusions required by the D.Y.P.

Counsel accepted the production of Mr [Social Worker 1] report but reserved his right to comment the report or complete with further explanations at a future court heiring if needed. [ 5 ] Parents were not satisfied with all the details in the report and felt that some informations were missing but it would not change the orientation on December 13, 2011. [ 6 ] Counsel for the child said that his first choice is to return to live with his parents, but nevertheless, he accepts the conclusions. [ 7 ] WHEREFORE, THE COURT : [ 8 ] GRANTS the present amended motion; [ 9 ] DECLARES that the security and the development of the youth X are still in danger; [ 10 ] REVISES the Court order rendered on September 20 th 2006 in the present file; [ 11 ] ORDERS the youth's rehabilitation center placement until June 30 th 2012; [ 12 ] AUTHORIZES in the youth's favour, contacts with his parents according to modalities set with the Director of Youth Protection; [ 13 ] ORDERS that the parents and X actively participate in the measures aimed at correcting the situation namely: -that they participate in the social follow up and the intervention plan; -that the father continue his follow up with CIVAS as long as deemed necessary; [ 14 ] ORDERS that X receive all the health services he requires namely for this ADHD; [ 15 ] ORDERS that a person working for Centre jeunesse A or any other establishment or body provide aid, counsel and assistance to the youth and his family until June 30 th 2012; [ 16 ] ENTRUSTS , the situation of the youth X to the Director of Youth Protection of the Centre jeunesse A to see that the measures are carried out; __________________________________ MICHEL DURAND, J.Q.C.

Me Monique Lavallée

For the D.Y.P. Me Mélissa Robert For the youth Me Gilles Naud For the parents Date of hearing : December 13 th , 2011