2019 QCCQ 14894, 2019 QCCQ 14894

Protection de la jeunesse — 1911167 2019 QCCQ 14894 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002225-180 DATE: December 20, 2019 ______________________________________________________________________ BY THE HONOURABLE LUCIE GODIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], Youth Protection Worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and X, born on [...], 2005 Child and A, [...] Mother and B, [...] Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) submitted to the Court an application for revision of a decision rendered on November 2, 2018, entrusting the youth to a rehabilitation centre with the possibility of reintegrating with the parents or other significant if the situation allowed it and ordering various social measures including a follow-up by Social Services until November 30, 2019. [ 2 ] The Director alleged a long series of facts.

This judgment refers to those facts. [ 3 ] The Director recommends the Court to entrust the youth to a foster family, to authorize a reintegration under the care of his parents if the situation allows it and to order several assistance measures, including a follow-up by Social Services until November 2020. [ 4 ] The parents share the same position, they ignore some facts, deny others, they agree with important ones and express that they don’t agree with the recommendations of the Director. They want their son back as of today.

The youth wishes for a reintegration plan. [ 5 ] The evidence reveals the following facts. [ 6 ] The youth is now 14 years and 7 months old. [ 7 ] Since the last Court order, the following facts happened. [ 8 ] After the previous judgment, the youth displayed serious behaviour problems, namely running away, not respecting the authority, consuming substances, displaying aggressive behaviour. [ 9 ] On February 10, 2019, the youth assaulted an educator at his Group Home with a knife and was moved to an intensive supervision unit A, in Town A. [ 10 ] On March 20, 2019, the youth was transferred to the rehabilitation centre A. [ 11 ] On June 28, 2019, the youth was assessed by Dr.

Joseph Beltempo, psychologist, who recommended that the youth receive individual counselling from a qualified social services counsellor has well as family counselling sessions to help increase communication with his parents. [ 12 ] Those recommendations are really important to answer the youth’s needs. [ 13 ] The Court is being asked to revise the decision that was rendered on November 2, 2018, and we have to refer to this judgment, more specifically to paragraph 20 of the judgment :

“[20] The parents are not able to impose him the adequate structure and a lack of warmness is obvious .

The adolescent is sad, he has suicidal ideation and he is probably in an identity crisis. […] [23] The Court is preoccupied by the psychological health of X and will order that a psychological assessment be performed.” [ 14 ] That is to say that following the preoccupation of Judge Peggy Warolin, there has been a psychological assessment and the psychologist made the recommendation that the undersigned referred to previously. [ 15 ] The evidence presented at the hearing only focused on the three rules that the Director expects to see in the house, but there is more and the Director presented evidence on that aspect, which brings us to refer to the psychological assessment of Dr.

Beltempo. X needs to solidify his learnings in the community outside of an institution like the rehabilitation centre. He must be prepared for the return with his parents, this is why the Director recommended an integration in a foster family first with a possible reintegration under his parents’ care when the situation allows it. The parents need to recreate a significant bond with their child and demonstrate affection and caring towards him .

They also need to maintain structure and refuse that the youth be able to do what he wants by himself all of the time in order to make sure he develops safely. [ 16 ] Given that the parents are not able, right now, to meet the youth’s specific needs, more particularly to offer affection and caring towards him, it is hoped that they will accept the support of Social Services in order to increase communication with their son. [ 17 ] Given the age of the adolescent, his needs that have been clearly expressed, the position of the parents, the Court concludes that all the facts alleged in this motion have been proven and that the recommendations are in the best interest of the youth.

THEREFORE THE COURT: [ 18 ] GRANTS the motion; [ 19 ] REVISES the decision rendered on November 2, 2018; [ 20 ] DECLARES that the security and development of the youth continue to be in danger; [ 21 ] ORDERS that X be entrusted to a foster family with gradual reintegration under the care of the parents as soon as the situation allows it; [ 22 ] ORDERS that the youth and the youth’s parents take an active

part in the application of any of the measures ordered by the Tribunal; [ 23 ] ORDERS that the youth and the youth’s parents report in person, at regular intervals to the Director, to inform him of their current situation; [ 24 ] ORDERS that the youth and the youth’s family receive the services of an external educator for the period deemed necessary by the professionals; [ 25 ] ORDERS that the contacts between the youth and the parents be determined by the Director as for the modalities, the frequency and the degree of supervision; [ 26 ] ORDERS that the recommendations made by the psychologist, Dr.

Beltempo, be respected; [ 27 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth and his family; [ 28 ] ENTRUSTS the situation of the youth to the Director for the execution of this present order. [ 29 ] THE WHOLE, until November 30, 2020. Signed in, _______, on January ___ 2020 __________________________________ LUCIE GODIN, J.C.Q. Mtre. Karianne Asselin Cain Lamarre Attorney of the applicant

Mtre. Laurence Migué Legal aid centre A Attorney of the child Mtre. Angèle Tommasel Attorney of the parents Date of hearing: December 20, 2019