2016 QCCQ 17115, 2016 QCCQ 17115

Protection de la jeunesse — 168162 2016 QCCQ 17115 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No.: 640-41-000843-059 DATE: December 15, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2002 MRS [SOCIAL WORKER 1] and MRS [SOCIAL WORKER 2], youth protection workers, duly authorized by the Director of Youth Protection A, working in Town A, Quebec, District A Applicants and MRS A, residing and domiciled in Town B, Quebec, District A Mother and MR B, residing and domiciled in Town B, Quebec, District A Father ______________________________________________________________________ JUDGMENT (Sections 95 (par. 1) Y.P.A., R.S.Q. c.

P-34.1 ) ______________________________________________________________________ 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 A asks the Court to review the decision rendered on December 9, 2015 by Justice Lise Gagnon on the situation of X, 14 years old. [ 2 ] The applicants recommend now that the youth remain at the group home until the end of June 2017 with reintegration in a foster family until November 2017 and different services. [ 3 ] At the hearing, the mother and the youth are present, assisted by Me Angèle Tommasel and Me Marie-Claude De Gagné.

Me Aubrée Coutanson assists the applicants. The father is absent. [ 4 ] The youth admits few allegations and agrees with the recommendations. The mother ignores the new facts. She did not have contact with her son for the last 10 months. The social worker, Mrs [Social Worker 2], Mrs Kim Bilodeau and Mr Jacques Hébert, external educators, testify.

The mother also testifies and asks for access to her son. [ 5 ] Even if X made tremendous progress at the group home, it was very hard for him to integrate a foster family. [ 6 ] Last February 17, 2016, X was entrusted to a very structured foster family and received the help of an external educator. Despite all this, his behaviour has deteriorated. [ 7 ] On multiple occasions, he was caught sniffing gasoline. He ran away few times last time for a month. On September 19, 2016, he ran away and was then sleeping in shacks or was going from houses to houses while people were sleeping.

On October 9, 2016, he was found, and when he saw the social worker, he ran at her with his fist up, threatening to kill her and he ran away again. He was found on October 11 at the airport stealing food. [ 8 ] He was brought at the group home and remains there since. The foster parents refuse to have him back. [ 9 ] The youth met few times the psychiatrist but was not regular. His doctor, Dr Berry, put an end last February to the Concerta medication as he was doing better at school and at home. The youth did not meet her since. [ 10 ] The youth’s mother was not present in his life.

She asked for visits, some were organised, but she was not present. She was arrested and detained few times over the last months. She is not stable and does not offer good collaboration with the social worker.

[ 11 ] The mother asks now to have regular contacts and agrees to meet the social worker. She acknowledges that her son needs to see her more often. [ 12 ] X was entrusted first in a very structured family who offered him a lot. When they had to leave, the youth went in an Inuit foster family in Town A, and then, the youth’s behaviour deteriorated. He stopped attending school, did what he wanted, slept over, consumed drugs, stole, etc.

He felt distress and rejection because he could not follow the foster family who left for sickness. [ 13 ] For the youth who seems to present an attachment disorder, he overreacted to the family change and was comfortable and might say happy to return to the Town C group home. [ 14 ] The youth is in needs for a psychological follow-up and a regular psychiatric follow-up. As his father is not implicated in his life and his mother is not regular, calendar of contacts should be prepared and given to the parties.

The mother should phone her son regularly through the social services meetings and prepared some visits with him. It is at least the minimum she can do if she is very sincere.

FOR THESE MOTIVES, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security and development of X are still in danger; [ 17 ] ORDERS the placement of X in a reception centre until June 30, 2017; [ 18 ] RECOMMENDS his placement at the Town C group home; [ 19 ] ORDERS that the youth integrate progressively a foster family, and at the end of the placement, that he remain there until November 30, 2017; [ 20 ] ORDERS the Director of Youth Protection to determine a life plan for the youth; [ 21 ] ORDERS that the youth receive all the specific health care and services he needs (a psychological assessment and a follow-up if required, and a psychiatric follow-up); [ 22 ] ORDERS the Director of Youth Protection to provide the youth the services of an external educator during his placement in foster family; [ 23 ] ORDERS that the youth and his mother take an active

part in the application of the measures ordered by the Tribunal; [ 24 ] ORDERS the Director of Youth Protection to supervise the contacts between the youth and his mother as for the modalities, the frequency and the degree of supervision; [ 25 ] ORDERS the Director of Youth Protection to meet the mother as least twice a month and to allow her to call her son during those meetings; [ 26 ] ORDERS the Director of Youth Protection to provide aid, counselling and assistance to the youth and his mother until November 30, 2017; [ 27 ] ORDERS any police officer to collaborate in the execution of the present enactment; [ 28 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing this judgment. __________________________________ DENYSE LEDUC, J.C.Q.

Me Aubrée Coutanson Attorney for the applicants Me Angèle Tommasel Attorney for the mother Me Marie-Claude De Gagné Attorney for the youth Date of hearing: November 9, 2016