2023 QCCQ 6300, 2023 QCCQ 6300

Protection de la jeunesse — 232802 2023 QCCQ 6300 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 610-41-000613-133 DATE: January 13, 2023 (written judgment rendered on January 23, 2023) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on […], 2006. [Social Worker 1], in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et services sociaux A Applicant and A Mother ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (DYP) asks the Court to review and prolong a decision rendered on December 13, 2021, regarding the adolescent X, born on […], 2006. At that date the Court declared the security and development still endangered, ratified a draft agreement and entrusted X to his maternal uncle, Mr.

B, until he reaches his majority. [ 2 ] After a placement in a rehabilitation centre under provisional measures, the DYP submits that the situation does allow to return the youth to his foster family until he reaches his majority. Position of the Parties [ 3 ] Despite many attempts, the mother was not served due to her being unreachable. She never communicated with the DYP since the last order. The youth had some rare contact with her and the last one affected a lot the youth.

The Court is satisfied by the attempts made by the DYP to reach the mother and dispenses the DYP to serve her. [ 4 ] The youth is present and represented by M e Catherine Dionne-Marcotte. He recognizes that his security and development are still endangered, and he agrees with the measures. History of the Situation [ 5 ] On August 21, 2013 , the Court was seized with an application for protection and ratified a draft agreement. The parties recognized their consumption issues and the impact on the child who was a witness of conjugal violent events. X had academic difficulties at school.

The Court declared that the security and development of the child were endangered [1] and ordered that the child remained under his parents’ care with different services. [ 6 ] On August 20, 2014 , the Court revised the situation. The evidence showed that the conjugal relationship between the parents remained very unstable and violent. They did not seek help for their personal issues. The father had been detained for conjugal violence. The mother moved to [City A] with her children. In June 2014, X and his siblings were found unattended in a car’s dealer parking lot. The mother was highly intoxicated.

X was entrusted to his paternal aunt as an immediate protective measure. The mother did not participate in the visits she had with her son, choosing to drink instead. The Court entrusted X to his paternal aunt for a period of one year. [ 7 ] On August 26, 2015 , the Court was seized with a revision. The mother’s situation remained unstable. She participated to a therapy for her addiction but failed to participate in the after-care program. She had left the community without informing anybody. She did not see her son since May 2015. X was doing much better at school.

The Court entrusted the child to his paternal aunt for a period of 6 months.

[ 8 ] On March 18, 2016 , the Court revised the situation. The mother was still struggling with her addiction, but she stopped consuming since she was pregnant. The father was detained. The child was developing well at his paternal aunt. The Court entrusted him to his paternal aunt until he reaches his majority. [ 9 ] On October 16, 2019 , the Court revised the situation again. Since the last decision, the father was in and out from detention. X started consuming marijuana at 10 years old. He met with a psychologist to address his past traumas. X was affected by his mother’s situation and her absence.

X developed some issues regarding lying and stealing. Because of those issues, the foster parents (aunt and uncle) gave up. Moreover, X was willing to start a new life in a new community with new foster parents. The new foster parents have experienced the same difficulties with X: drug consumption, stealing, lying, and running away. The Court entrusted X to a foster family for a period of one year. [ 10 ] On December 14, 2020 , the Court revised the situation. The evidence showed that X was entrusted to a new foster family and the beginning of this placement was difficult as he made bad choices.

Before the provisional hearing, although the foster parents were willing to have him until his majority, they changed their minds due to the adolescent behaviours (running away, consumption of marijuana, suicidal thoughts). X had to be placed in a rehabilitation centre. A short placement was sufficient for X to change his behaviour and it was in his best interest that he could go back close to his family members. His maternal aunt and her spouse raised their hands to foster X and he really wanted to go there.

The Court entrusted him to his aunt and uncle and ordered that he receive the services that he needs, the whole until December 31, 2021. [ 11 ] On December 13, 2021 , the Court revised the situation once again and ratified a draft agreement. The adolescent developed very well to his foster family. The mother’s situation remained the same. The Court entrusted the adolescent to his maternal uncle, Mr. B until he reaches his majority. Facts and Analysis [ 12 ] Considering the absence of contestation, the DYP files the draft agreement signed by the parties.

The draft contains the facts that justify maintaining the declaration of endangerment. The facts are the following: - On December 13, 2021, the adolescent was entrusted to kinship foster family of Mr.

B until he reaches his majority; - It was reported in the past to DYP’s delegate by the foster parents that the adolescent was talking back, was being oppositional in doing his chores and was not always telling where he was at all times; - During the past summer, the adolescent was drinking more frequently; - When he first moved into the foster family, it was reported that the adolescent was stealing money and marijuana from them, as well as others; - The DYP’s delegates were also informed that the adolescent was smoking marijuana on a daily basis and up to 3-4 times a day; - In addition, there has been a time where the adolescent was riding a motorbike while under the influence of alcohol; - It was reported to the DYP’s delegate that the youth had gotten into a fight with one of his older brothers; - The adolescent is struggling with his motivation to go to school and to do his schoolwork.

He is at risk to fail his grade level; - Before the recent placement at the rehabilitation centre, the adolescent was refusing to get any services or treatments to help him cope with anger and his past traumas; - The foster family, the school authorities and the worker have tried to talk on numerous occasions with the adolescent regarding his behaviour, but he was refusing to listen and apply any of their demands; - On November 8, 2022, immediate protective measures were applied, and the adolescent was placed into the rehabilitation centre; - On November 16, 2022, the adolescent was placed back into his foster family’s care; - The conditions for his return were as follows: o That he attend school on a regular basis and that he apply himself to his schoolwork; o That he refrain from using drugs and alcohol; o That he receive and participate in a follow-up regarding anger management and his past traumas; o That he respect the foster family’s house rules including being respectful, doing his assigned chores and informing them of his whereabouts at all times; - Since his return to the foster family, the adolescent has been respecting the conditions and his overall situation has been improving; - Furthermore, the adolescent has been telling the worker that his recent short placement to the rehabilitation centre has been a real eye-opening experience and it’s not a place he wants to go back to; - The adolescent has created a good bond with his psychotherapist and participates well to his follow-up with her; [ 13 ] The draft agreement also contains the measures the parties propose to put an end to this situation:

- That the youth be entrusted to the proximity foster family of B until his age of majority; - Maintain all the measures rendered on December 13, 2021, that are not in contradiction with the present draft agreement; - That the contacts between the parent and the youth be supervised by the Director of Youth Protection as for the frequency, modalities and duration; - That the youth and his parent commit to participate actively and honestly in the measures ordered; - That the youth continue to participate in a follow-up with the therapist for as long as deemed necessary by the professional; - That the youth receive all the services required by his situation; - That a person working for an institution or body provide aid, counselling or assistance to the child and the child's parent for the duration of the order; - That the parent and the youth accept the exchange of information between all professionals involved in the family's life to put an end to the situation in which the security and development of the youth is in danger; - That police force collaborates to the execution of the Court order; - That the situation of the youth be entrusted to the DYP who shall then see that the measure is carried out. [ 14 ] After verifying that the consent was given freely, the Court declares to agree with the measures and accepts to ratify the draft agreement.

FOR THOSE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the adolescent X, born on […], 2006, are still endangered; [ 17 ] RATIFIES the draft agreement; [ 18 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on December 13, 2021; [ 19 ] ORDERS the parties to comply with the following measures: - That the youth be entrusted to the proximity foster family of B until his age of majority; - That all the measures rendered on December 13, 2021, that are not in contradiction with the present draft agreement be maintained; - That the contacts between the parent and the youth be supervised by the Director of Youth Protection as for the frequency, modalities and duration; - That the youth and his parent commit to participate actively and honestly in the measures ordered; - That the youth continue to participate in a follow-up with the therapist for as long as deemed necessary by the professional; - That the youth receive all the services required by his situation; - That a person working for an institution or body provide aid, counselling or assistance to the child and the child's parent for the duration of the order; - That the parent and the youth accept the exchange of information between all professionals involved in the family's life to put an end to the situation in which the security and development of the youth is in danger; - That the police force collaborates to the execution of the Court order; - That the situation of the youth be entrusted to the DYP who shall then see that the measure is carried out. [ 20 ] ORDERS the clerk of the Court of Quebec, Youth Division, to attach to this judgment a copy of the draft agreement to form an integrant part hereof, and to attach such copy of the judgment to be subsequently delivered; [ 21 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother; [ 22 ] AUTHORIZES Mr.

B to sign all consents to meet the child’s needs (schooling, sports and cultural activities, health care, driving licence, passport and travelling); [ 23 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection for the execution of this order. __________________________________ PEGGY WAROLIN , J.C.Q.

M e Marie-Michelle Grenier Attorney for the Director of Youth Protection M e Catherine Dionne-Marcotte Attorney for the youth Date of hearing: January 13, 2023