2013 QCCQ 10520, 2013 QCCQ 10520

Protection de la jeunesse — 133377 2013 QCCQ 10520 COURT OF QUÉBEC CANADA PROVINCE […] DISTRICT [...] TOWN [...] Youth Division No: 635-41-000352-101 DATE: June 28, 2013 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, […] born 1997 [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection of the A, working in A Applicant v.

A , residing and domiciled in City B, district A, province of Québec Adoptive mother and B , residing and domiciled in City A, district A, province of Québec Adoptive father ______________________________________________________________________ JUDGMENT (section 95, 1st para., and

section 75 , Youth Protection Act , R.S.Q., c. P-34.1) ______________________________________________________________________ I - INTRODUCTION [ 1 ] The Court is seized with a motion to review the situation of X, born […], 1997, under

section 95 of the Youth Protection Act . [ 2 ] At the hearing, the youth was present and represented by Mtre. Myriame Gaudreault. The adoptive father was also present and represented by Mtre. Marie-Claude Degagné. II – THE FACTS [ 3 ] On February 21, 2012, the Court ordered that the youth be placed in the foster family of C and D until majority. [ 4 ] Since the last Court order, the foster family has disclosed that it does not want to take care of the youth anymore. [ 5 ] On February 16, 2013, the youth ran away.

A few days later, the youth worker was able to find him and discuss a temporary placement with him. [ 6 ] On February 22, 2013, the applicant requested an authorization to search for the child and bring him before the Director under

section 35.2 of the Youth Protection Act . [ 7 ] On February 28, 2013, the youth was placed in a foster family. On March 2, 2013, the youth protection worker was informed that the youth did not go back to the foster family. [ 8 ] On March 15, 2013, the police brought the youth to the youth protection office. On the same day he was entrusted to a member of his family. [ 9 ] On March 19, 2013, the Court entrusted the youth to E and F under

section 76.1 of the Youth Protection Act . [ 10 ] Between March 19, 2013 and April 24, 2013, the youth displayed serious behavioural problems. [ 11 ] On April 23, 2013, he was playing with a firearm in the shack of the caregivers. Later on the same day, he made a suicidal threat to his sister. He started to hit the walls with a knife and hurt himself. He was brought to the hospital and was released a few hours later. [ 12 ] The youth protection services took immediate protective measures and entrusted the youth to the group home in A. The next day he ran away, but was brought back by the police the same day. III – MEASURES TO BE REVIEWED

[ 13 ] The evidence shows that X's behavioural problems are an unfortunate consequence of what he has experienced in his life. His biological mother was never involved in his life. His adoptive parents have personal issues and they are not able to take care of him. Their cooperation with the youth protection services is irregular. The adoptive father has no real understanding of his son's needs.

He did not ask for visits, which increased his son's feeling of abandonment. [ 14 ] More recently, the failure of the youth's life project seems to have had an impact on his behaviour. [ 15 ] The current situation requires a structured and secured environment to ensure the security of the youth.

The rehabilitation centre appears to be the place that can support him and provide the necessary professional help to enable him to get through this difficult period of his life. [ 16 ] FOR THOSE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of X, born […], 1997, are still endangered; [ 19 ] ENTRUSTS the youth to an institution operating a rehabilitation center for a period of six (6) months, with a possible reintegration into a foster family after four (4) months, if the situation allows; [ 20 ] ORDERS that contact and communication between the child and the parents be supervised by the Director of Youth Protection as to frequency and terms; [ 21 ] RECOMMENDS that the Director of Youth Protection develop a life project for X with a foster family; [ 22 ] ORDERS that X attend school; [ 23 ] ORDERS the parents to seek help for their personal issues; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and his parents for a period of six (6) months; [ 25 ] ORDERS that the parents take an active

part in the application of the measures ordered by the Court; [ 26 ] ORDERS that the exercise of certain attributes of parental authority relating to medical, school and travel authorizations be withdrawn from the parents and conferred on the Director of Youth Protection; [ 27 ] ORDERS the police to cooperate in the execution of the present order; [ 28 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing the measures ordered by the Court. __________________________________ RENÉE LEMOINE J.Q.C. Mtre. Myriame Gaudreault Counsel for the youth Mtre.

Robert-André Adam Counsel for the applicant Mtre. Marie-Claude Degagné Counsel for the father Date of hearing : May 7, 2013