2015 QCCQ 19915, 2015 QCCQ 19915

Protection de la jeunesse — 157258 2015 QCCQ 19915 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000240-044 DATE: November 20, 2015 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: Wendel McLeod-Hunter , born on October 7, 2001 [interveneer 1] , Youth Protection worker, duly authorized by the Director of Youth Protection working at the Centre integré de santé et de services sociaux A, having a place of business at [...] in City A, district A (Quebec) [...] Applicant and A , residing and domiciled at [...] in City A, district A (Quebec) [...] Mother and B , presently detained at Centre de détention d'Amos 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 applicant asks the Court to review its decision rendered on December 10, 2009. On that date the Court among other measures entrusted the adolescent to a foster family until majority. [ 2 ] However on September 14, 2015, the provisional compulsory foster care of the adolescent in a reception center was ordered for a period of 30 days and extended until today.

The Director of Youth Protection was pleading the adolescent's serious behavioral disturbances. [ 3 ] The applicant recommends as one of the applicable measures to order the provisional compulsory foster care of the adolescent for a period of three months if his situation is still compromised pursuant to the Youth Protection Act . [ 4 ] The youth is present and represented. He acknowledges that his situation is still compromised and agrees with the applicant's recommendations. [ 5 ] The father is present and represented. According to him a placement of three months is too long. [ 6 ] The mother is absent.

She was duly served with a copy of the petition. The applicant spoke with her recently. According to her the mother totally agrees with her recommendations concerning the youth. The mother is very collaborative with the Director of Youth Protection. The facts [ 7 ] The Court considers the following facts as proven by preponderant evidence and relevant to the youth's situation. [ 8 ] The youth's behavior has been escalating since the last revision and it has worsened during the last two weeks.

He was getting in trouble throughout the community and at home as well. [ 9 ] For the past months the foster family has been experiencing difficulties with the adolescent's behavior. Various interventions have been done with the youth and the foster family but the situation has not improved. [ 10 ] The youth has an attitude problem towards the foster family and tends to lie. The foster family suspects that he has stolen objects in the household. [ 11 ] Late this spring the youth was involved in sexual activities for the first time with his girlfriend.

Later he decided to sneak her into his bedroom through the window in order to have sexual intercourse with her as his foster brother slept in the bed next to him. This had completely devastated his foster parents that he would do such a thing. The youth was grounded for that behaviour.

[ 12 ] At the end of May the adolescent was brought to participate in a dissuasive visit at l'Étape in Val-d'Or to show him that he could end up in a reception center if his situation was not improving. [ 13 ] On or about July 31, 2015, the foster family asked for respite care. The adolescent was placed in another foster family to help him reflect on his behaviours and poor choices. He was no longer following rules at home. He was back at home after three weeks. [ 14 ] On his first day home the adolescent has sneaked out of his room window to go hang out with other youths in the community.

He did it three nights in a row without getting caught. On one of these nights he was involved in an altercation with another youth and hurt his foot. He did not mention it to his foster parents. [ 15 ] Since approximately August 26, 2015, the adolescent has sneaked out of his bedroom by the window at night at least six times. [ 16 ] Then in the same period of time he started to use cannabis and return home stoned. He was involved with another youth in a break and enter into the youth center and money was stolen and divided between the two of them.

The youth was happy to have his own money to buy drugs. [ 17 ] On his last night out in the community the foster parents discovered that the adolescent was missing from his bedroom. He had placed pillows under his blankets to make it look like he was there. They called immediately the police. This was the last straw for the foster family as they asked the Director of Youth Protection to come for the youth once he is found. [ 18 ] The police found him later that evening. He was caught in possession of cannabis and a pipe.

The next day the Court ordered his placement in a rehabilitation center. • The parents [ 19 ] Since July 30, the father is currently detained for breaching Court conditions. [ 20 ] He has minimal contacts with the Director of Youth Protection and he is not much involved in his son's life as he is often in and out of jail. [ 21 ] When he is released from jail the father is often in the community of city A and he has contacts with his son without informing the Director of Youth Protection worker.

According to the applicant the father gets in trouble when he starts using alcohol and drugs. [ 22 ] The mother continues to struggle with her own addictions. However she has succeeded to maintain contacts with her son or inquire about his wellbeing. In the past year the visits have been less frequent due to the mother's health. She has been in and out of hospital with infections and a highly contagious virus. During spring 2013, she has been incarcerated for a short period of time because she failed to complete her community work hours. [ 23 ] The relationship between the youth and his mother is weak.

They talk little during visits as he has fun with his siblings. Though the youth is still happy to spend time with his mother and he will kiss and hug her always. [ 24 ] The relationship between the youth and his father is weak as well as they have not spent much time together over the past several years. [ 25 ] The parents acknowledge that they are not in any position to provide for their son due to their personal issues. They accept that their son remain in foster care until he reaches majority. • The youth [ 26 ] He is a 13 years old boy who was attending school in city A.

This past year he obtained generally good grades in class. However his behavior is questionable at times because he is often a follower and ends up getting in trouble. [ 27 ] He is medicated for an attention deficit disorder. [ 28 ] The youth arrived at l'Étape in Val-d'Or on September 10, 2015. The first couple days were positive as he respected the rules both in the unit and during activities. He rapidly made contacts with some other teenagers who speak English.

He made some efforts to understand the educators when they talked in French. [ 29 ] Since September 29, he has started school and did very well in class. He has respected the teacher and the class rules as well. [ 30 ] However he tends to provoke other youngsters and laugh at them when they are sent to their room because they did something wrong. At the beginning the youth was lying when caught in situations. He rapidly realized that he had to be honest in order to be back in the group.

Since his arrival at l'Étape the youth was sent to his room 15 times. [ 31 ] On the other hand the youth has shown some nice capacities. For instance he has demonstrated insight when he is sent to his room. He has shown some self control as well. He has participated well in all different activities. However his participation in the « cognitivo-comportemental » workshops has been minimal. [ 32 ] The youth has kept contacts with his brothers and has done some phone calls to the foster family. He says that he feels lonely in Val-d'Or and would prefer to be at the foster family's house than in l'Étape.

He says he loves them but he does not show them. Decision [ 33 ] The youth is placed in the same foster family for the last five years. It is a very good foster family who gives a lot to this youth in terms of activities and travels. They appreciate him a lot and care for him like he was their own son.

[ 34 ] However things have escalated with the youth's behavior and the foster family have come to question their abilities to provide the care he needs. They have always provided to him structure consistency and attention on a regular basis. They are still ready to have him back with them. [ 35 ] The evidence is preponderant that the youth still needs help and structures from a rehabilitation center to cope with his behavior problems.

A placement of three months seems adequate to assure a successful return of the youth in the foster family. [ 36 ] The evidence is preponderant that the security or development of the youth is still compromised. The applicant's recommendations concerning the applicable measures are reasonable, appropriate and in the youth's best interest.

For these motives the Court: [ 37 ] Grants the motion; [ 38 ] Maintains that the security or development of X, born on [...], 2001, is still compromised under the Youth Protection Act; [ 39 ] Entrusts the youth to a rehabilitation center for a period of three months with progressive reintegration in a foster family until he reaches his majority if the situation allows it; [ 40 ] Orders all the other measures until the youth reaches majority; [ 41 ] Orders that a person working for an organism or body provides aid, counselling or assistance to the youth, the parents and the foster family; [ 42 ] Orders that the contacts between the adolescent and his parents be supervised by the Director of Youth Protection and that they occur once a month for visits and once a week for phone calls, allowing that the state of the parents permits those contacts; [ 43 ] Orders that there be regular visits between the adolescent and his siblings at the frequency of once a month; [ 44 ] Orders to the parents not to consume any drugs or alcohol in the presence of their child; [ 45 ] Orders to the parents to ensure that their adolescent is not in the presence of people under the influence of drugs or alcohol; [ 46 ] Orders to the parents to report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the adolescent's regard to put an end to the situation in which the security or development of the adolescent is in danger; [ 47 ] Orders the police to collaborate to the execution of these orders; [ 48 ] Entrusts the situation of the adolescent to the Director of Youth Protection as for the execution of the orders. __________________________________ Josée Bélanger, J.C.Q.

Me Julie Lemire, attorney for the Director of Youth Protection Me Peggy Warolin, attorney for the adolescent Me Daniel Ouellette, attorney for the father Date of hearing: October 21, 2015