2023 QCCQ 8482, 2023 QCCQ 8482

Protection de la jeunesse — 232687 2023 QCCQ 8482 COURT OF QUEBEC PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division N o . 614-41-000066-151 DATE : MARCH 16 th , 2023 PRESIDED BY THE HONOURABLE LUCIE GODIN, J.C.Q. IN THE SITUATION OF [1] : X Born on [...], 2007 Child and [SOCIAL WOKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A, Applicant -and- A , Mother -and- B (deceased). JUDGMENT

Article 95 al. 1 - Youth Protection Act [ 1 ] The Director of Youth Protection (Director) presents an application for a review of the decision rendered on July 20 th , 2022,

entrusting the child to the foster family of C and D until his age of majority along with many supporting measures including aid, counselling and assistance to the child and the child’s family for the same period of time until [...], 2025. [ 2 ] The Director asks the Court to order that the youth be place at the group home for a period of nine months, to order that the youth has an updated psychological assessment and to order several assistance measures including aid, counselling and assistance to the youth the youth’s mother for the same period of time. [ 3 ] M e Marie-Josée Ayoub on behalf of the mother admits the essential of the alleged facts that she is aware of.

The mother agrees with the recommendations proposed. [ 4 ] M e Massé on behalf of the youth makes a general admission of the alleged facts. It is not the youth’s first choice, but he agrees with the proposed measures. He acknowledges that he needs to continue to work and to collaborate with the professionals to improve his personal situation. [ 5 ] The evidence reveals the following facts. [ 6 ] The youth is now 16 years old. [ 7 ] Since the last judgment, he was removed from the foster home of C and D. The foster mother asked for a respite following some behavioral issues of the youth.

He was then placed with his older sister Y’s foster mother, E, who found messages on X's tablet with sexual content. [ 8 ] She was concerned by the youth behaviors. [ 9 ] The youth was not attending school and not following the foster house rules. The foster mother asked the Youth Protection to immediately remove X from her home. [ 10 ] The former foster mother, D, refused to take him back. [ 11 ] The Youth Protection worker tried to discuss the situation with the youth, but unfortunately, he refused to meet with the worker.

He also refused to receive services from the professionals. [ 12 ] The youth was very difficult to localize. On January 27 th the Youth Protection worker found the youth.

Immediate protective measures were invoked, and the youth agreed to be taken to the rehabilitation center. [ 13 ] The youth behaviors need to be addressed in a structured environment under the supervision of professionals and the mother and the youth agree with these recommendations. [ 14 ] [Social Worker 1], Youth Protection worker, in her report [2] analyzes the situation in the following terms: The youth is 15 years old and is able to verbalize his thought and feelings. Youth still has some unresolved issues. Youth needs to be stabilized in a structured environment and address his needs.

The safety and security remain compromised given that the youth is still displaying behavior problems and admitting to his cannabis consumption. During this period an alternate living arrangement will be explored as the mother's situation doesn't support parenting her son. [ 15 ] The evidence reveals that the mother continues to struggle with alcohol and drugs issues. [ 16 ] The Youth Protection worker underlines the fact that « there has not been any long-standing stability for the mother [3] ». [ 17 ] Ian Shecapio, childcare worker, wrote an observation report [4] on X.

He concludes that: We acknowledge the youth has anger problems and still needs counselling. Youth does know how to open up about what bothers him or what he’s dealing with or feeling. The youth often express remorse for his angry outbursts and is apologetic. It shows in his behavior that he understands why he is in placement. He expresses that he feels sorry to those that he hurt around him.

Youth tries his best to better himself and believes that he will do better next time. [ 18 ] The undersigned encourages the youth to maintain his decision to collaborate with the professionals in order to improve his personal situation. [ 19 ] Given the whole evidence, the admissions made by the mother and the youth, the assessments that were filed, the consent of the mother and the youth on the proposed measures, the Court concludes that the recommendations are in the interest of the youth.

THEREFORE, THE COURT : [ 20 ] GRANTS the Application; [ 21 ] REVISES the decision rendered on July 20 th , 2022; [ 22 ] DECLARES that the security and development of X born on [...], 2007 are still endangered under sections 38 ( b ) (1) iii., 38 ( b ) (2) and 38 (

c) of the Youth Protection Act ;

[ 23 ] ORDERS that the child be entrusted to a rehabilitation center, namely the Group Home for a period of nine (9) months ; [ 24 ] ORDERS that the child have an updated psychological assessment; [ 25 ] ORDERS that the frequency and modality of contacts between the child and the mother be determined by the Director of Youth Protection; [ 26 ] ORDERS that the mother remain abstinent of alcohol during visits with the child; [ 27 ] ORDERS that the mother take active steps to address her unresolved substance abuse issues; [ 28 ] AUTHORIZES the Director of Youth Protection to obtain and share information from service providers working with the family as to progress and attendance; [ 29 ] ORDERS that the mother collaborate with the Director of Youth Protection; meet with the worker upon request and inform the worker of any change of coordinates; [ 30 ] ORDERS that aid, counselling and assistance be provided to the child and the child’s family for a period of nine (9) months ; [ 31 ] ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; [ 32 ] ORDERS that any peace officer collaborate with the Director of Youth Protection if requested to do so; [ 33 ] The whole until December 16 th , 2023 . ___________________________________ LUCIE GODIN, J.C.Q.

M e Magdalena Lempicka Attorney for the Director of Youth Protection M e Marie-Josée Ayoub Attorney for the mother M e Yan Massé Advocate for the child Dates of hearing : March 16 th , 2023 Last exhibit: D-23