2017 QCCQ 17459, 2017 QCCQ 17459

Protection de la jeunesse — 177870 2017 QCCQ 17459 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No. 615-41-002052-156 DATE: November 17, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE DENISE DESCÔTEAUX J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2000 [SOCIAL WORKER 1], in his capacity as person authorized by the Director of Youth Protection of the Centre intégré de santé et services sociaux A, having a place of business at […] Petitioner and A, residing and domiciled at […] Mother and B, residing and domiciled at […] Father ______________________________________________________________________ JUDGMENT (section 95 (para. 1) of the Youth Protection Act , P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publication or broadcast of information allowing 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 YPA). [ 1 ] [Social worker 1], representative of the Director of Youth Protection of the Centre intégré de santé et services sociaux A, is submitting a motion asking for the revision and extension of the last judgment rendered on January 15, 2016 by the Honourable Judge Renée Lemoine, concerning the situation of X, 17 years old. [ 2 ] At the hearing, considering her health situation, the mother was not present but represented by Mtre. Claude Cossette.

The father was absent despite the fact that he received a copy of the proceeding on September 8, 2017. The adolescent was represented by Mtre. Mylène Grondin, and Mtre. Valérie Martel represented the petitioner. [ 3 ] In the last judgment, the adolescent was placed with a foster family until he reached the age of majority. However, his behavior was such that the foster family was no longer able to keep him. [ 4 ] The adolescent admits the allegations as followed :

a) The adolescent’s situation has deteriorated;

b) In August 2016, the adolescent’s girlfriend moved to Town A and the adolescent has expressed that he only feels well when he is with her;

c) The adolescent consumes drugs (marijuana) regularly and said that he takes drugs to help him support the pain when he is apart from his girlfriend;

d) The adolescent often said that no one cares for him, neither his mother, father, brother nor his foster family;

e) The adolescent refused to have a psychological follow-up and see a doctor about his state;

f) The adolescent leaves and comes back whenever he wants without informing the foster home of his whereabouts;

g) In July 2017 the mother gave to the adolescent approximately 2000$ from the child benefit;

h) Since then, the adolescent situation has worsened;

i) On or about July 25, the adolescent was intercepted by the police while he was walking drunk on the side of the road;

j) From August 3 until August 8, 2017 the adolescent did not return to his foster family and his whereabouts were unknown;

k) On or about August 8, 2017, the adolescent was found sleeping at his mother’s place and agreed to go back to his foster home;

l) On or about August 2, 2017, the foster family received a message from the adolescent’s girlfriend who was worried that the adolescent commits suicide;

m) On or about August 9, 2017, at night, the adolescent’s girlfriend alerted again the foster family this time specifying that the adolescent might try to commit suicide;

n) On or about August 9, 2017, at night, the adolescent’s girlfriend also warned the father of the suicidal ideation of his son and he alerted the police;

o) On or about August 10, 2017, in the early hours, the policed intervened and brought the adolescent to the hospital;

p) The adolescent resisted the police intervention and was physically and verbally aggressive;

q) The adolescent then had to be brought to the rehabilitation center and an emergency measure was applied;

r) The mother still experiences important health and drug problems;

s) The father maintains few contacts with the adolescent. [ 5 ] Considering the admissions, the reports and the adolescent’s serious problems, the Court believes that the facts proven and admitted allow for the revision of the previous order and that it is in the adolescent’s interest and in keeping with his rights to render a new order. [ 6 ] Considering that the mother agrees with the measures.

FOR THESE REASONS, THE COURT: [ 7 ] GRANTS the motion; [ 8 ] DECLARES that the security and development of the adolescent X, born on […], 2000, are still in danger; [ 9 ] ORDERS that the adolescent be entrusted to a rehabilitation center for a period of four months with progressive integration into the foster home, when the situation allows it; [ 10 ] After this period, ORDERS that the adolescent be entrusted to a foster family until he reaches the age of majority; [ 11 ] ORDERS that the parents’ contacts with the adolescent be supervised by the Director of Youth Protection regarding the frequency, modalities and duration; [ 12 ] RECOMMENDS that the adolescent attend school in the adult program during the period the adolescent lives in the rehabilitation centre; [ 13 ] TAKES JUDICIAL NOTICE that the adolescent agrees to receive aid from a psychologist and ORDERS that the adolescent participate in an individual therapeutic follow-up for as long as deemed necessary by the person giving the service and that he follow the recommendations; [ 14 ] TAKES JUDICIAL NOTICE that the adolescent agrees to receive aid for his drug and alcohol problem and ORDERS that the adolescent undergo substance abuse assessment and follow all recommendations made; [ 15 ] AUTHORIZES the Director to have access to information regarding the adolescent’s presence at the appointments set by the professional and his degree of involvement in the services offered; [ 16 ] ORDERS that aid, counselling and assistance be provided to the adolescent until he reaches the age of majority, and to the parents if they request it; [ 17 ] ENTRUSTS the adolescent’s situation to the Director of Youth Protection, for the purpose of executing this judgment. __________________________________ DENISE DESCÔTEAUX J.C.Q.

Mtre. Valérie Martel Counsel for the petitioner Mtre. Mylène Grondin Counsel for the child

Mtre. Claude Cossette Counsel for the mother Date of hearing: September 20, 2017