2011 QCCQ 6517, 2011 QCCQ 6517

Protection de la jeunesse — 111515 2011 QCCQ 6517 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-000991-072 DATE: April 8, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection of the centre A, C.Y.P.C., working in town A APPLICANT AND X, born on […], 1997 TEENAGER AND A MOTHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The petitioner is filing an application for the review of a decision rendered by the Honourable Marc E.

Grimard on March 26, 2010 deciding then that the security and development of X, born on […], 1997 were still in endangered. [ 2 ] At that time, the conclusions in the said decision read as follows.

GRANTS the petition; DECLARES that the security and development of X are still endangered; REVISES AND EXTENDS the decision rendered on March 11, 2009; ORDERS • that the child be entrusted to a foster home for one (1) year and that he reside at the reception center until arrangements for departure at the foster home be done; • that he receive all the necessary psychological and psychiatric follow-up deemed necessary; • that aid, counsel and assistance be provided to him and to his parents, especially his mother, for one (1) year; • the DYP Health Center A to encourage, to further supervised visits and telephone calls from the mother and extended family on a regular basis and that arrangements be made for the child to visit his community; • the DYP Health Center A to maintain the contacts between the child and his siblings; • that the exercice (sic) of certain attributes of parental authority (medical, travel and school consent) be withdrawn form the mother and granted to the director if the mother cannot be reached; RECOMMENDS that steps be taken so that the child still be in touch with his culture; ENTRUSTS the child’s situation to the Director who shall see that the measures are carried out; ORDERS the execution of the present judgment by any peace officer. [ 3 ] When the case is called, all the parties are present and represented, but when it is time to proceed, the youth leaves and refuses to come back. [ 4 ] Through his lawyer though, he informs the Court that he generally disagrees with the conclusions sought by the applicant. [ 5 ] Also, the Court renders a decision, directly at the hearing, declaring the aunt of the youth, B, an interested party on the basis that she is particularly significant to the youth and that she is already involved in his life.

[ 6 ] Essentially, from both the evidence and the admissions, it can be noted that X shows symptoms that are compatible with an attention deficit and hyperactivity disorder. [ 7 ] Along with this condition are seen serious behaviour problems that affect his ability to adjust and cause some social and emotional dysfunctions. [ 8 ] This high state of vulnerability requires a particularly structured environment to prevent inappropriate behaviours to appear and to negatively impact the youth himself first and people around him as well. [ 9 ] Consequently, it had been decided in the past to impose a placement in a foster family, with a special follow-up. [ 10 ] This solution has reaped particularly positive benefits up to now and it generally seems like we should head in the same direction. [ 11 ] Both the mother and the aunt of the youth agree to the suggestion although it may result in X having to leave his home village for the time being. [ 12 ] However, in the youth’s best interest, it is advisable to do so. [ 13 ] FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of X are still endangered; [ 16 ] REVIEWS the decision rendered on March 26, 2010; [ 17 ] ORDERS that the child be entrusted to a foster home for a period of two years; [ 18 ] ENTRUSTS the teenager’s situation to the Director of Youth Protection for the purpose of executing the measures ordered by the Court; [ 19 ] RECOMMENDS that all the necessary steps be taken to make sure that the teenager remains in touch with his culture and have regular contacts with his family; [ 20 ] MAINTAINS all the measures not obsolete ordered in the judgment rendered on March 26, 2010, where applicable; [ 21 ] ORDERS any police force to collaborate in the execution of the Court orders, if requested by the Director of Youth Protection. __________________________________ JEAN-PIERRE GERVAIS, J.C.Q.

Me Robert-André Adam Cain Lamarre Casgrain Wells Lawyers for the applicant Me Jean-Claude Latraverse Centre communautaire jur. A Lawyers for the teenager Me Michel Solomon Lawyer for the mother Date of hearing: March 9, 2011