2014 QCCQ 15666, 2014 QCCQ 15666

Protection de la jeunesse — 143064 2014 QCCQ 15666 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 525-41-021046-081 DATE: July 15, 2014 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of Batshaw Youth and Family Centres Applicant - and - X Born on […], 1997 - and - A Respondents ______________________________________________________________________ JUDGEMENT

Section 95 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 11.2, 11.2.1 and 135 Y.P.A .] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of July 15, 2014, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for revision of an order rendered January 16, 2014, entrusting the adolescent to a rehabilitation centre for a period of 4 months with integration into a confidential foster home when the situation allowed and maintaining him in foster care until his age of majority, along with a social follow-up and other measures. [ 3 ] Essentially, the Director of Youth Protection alleges that the adolescent does well in his rehabilitation centre setting and that he has returned to school.

However, that the mother has not been collaborative with the youth protection worker. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre until his age of majority and that a social follow-up be provided to the family for the same period. [ 5 ] The mother admits the majority of the facts alleged in the motion and agrees with the recommended measures. The mother states that she must move from her apartment, as there was a police intervention at the building where she lives, on June 21, 2014.

The mother was arrested but not detained and no charges were laid against to her. The police seized several kinds of drugs from the building but these incidents did not concern the family. The mother confirms that her husband, Mr. Brown, was arrested and detained by Immigration but has since been released. [ 6 ] The adolescent wishes to return to his mother’s care and if this is not possible, to be entrusted to a foster home. X testifies that he is currently working in a program set up by Batshaw, whereby he learns different construction skills like painting and plastering.

He is currently looking for a job and says that he does not wish to return to adult education until January 2015. [ 7 ] The adolescent confirms that he refused to visit or integrate the foster family that had been identified by the youth worker for him and Y. He states that at that time he did not want to move again and wanted to wait for the Court hearing. He says he is now ready to integrate a foster home as he will be more open setting and closer to his mother’s home. [ 8 ] The Court also heard the testimony of Social Worker 1, youth worker, and read the Court report the Director filed as proof of the

adolescent’s situation. The evidence reveals that the mother is not collaborating with the Director of Youth Protection in a transparent manner. The mother was not present at the orientation table meeting and has yelled and been aggressive towards the youth worker. Furthermore, the mother recognizes she is not in a position to have her son entrusted to her care at this time. [ 9 ] The evidence is to the effect that the adolescent still needs the structure and support of a rehabilitation centre to help him work on independent living skills.

He will be 18 in seven months and requires consistent boundaries in order to achieve his goals. [ 10 ] THEREFORE, THE COURT: [ 11 ] GRANTS the motion; [ 12 ] DECLARES still compromised the security and development of the adolescent, X; [ 13 ] ORDERS that the adolescent, X, be entrusted to a rehabilitation centre until his age of majority, February 6, 2015; [ 14 ] ORDERS that the frequency and modality of contacts between the adolescent and his mother be determined by the Director of Youth Protection; [ 15 ] RECOMMENDS that the adolescent undergo a psycho educational assessment and that the recommendations of the assessment be followed; [ 16 ] ORDERS that the Director of Youth Protection be authorized to obtain and share information with all the service providers working with the family; [ 17 ] RECOMMENDS that the mother avail herself of support and counselling available through her local CLSC; [ 18 ] RECOMMENDS that the mother keep DYP informed of the immigration status of her husband, Jasmine Brown; [ 19 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family until his age of majority, February 6, 2015; [ 20 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall see that the measures are carried out; [ 21 ] ORDERS the execution of the present order by any peace officer.

Signed July 22, 2014 Ann-Marie Jones, J.C.Q. AMJ/dg Me Nadia Sabik Counsel for the Director of Youth Protection Me Alexandre Lenis Counsel for the adolescent Me Richard Benoit Counsel for the mother Date of hearing: July 15, 2014