2018 QCCQ 14878, 2018 QCCQ 14878

Protection de la jeunesse — 185460 2018 QCCQ 14878 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 640-41-002069-166 DATE: July 9, 2018 ______________________________________________________________________ BY THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on […], 2001 [SOCIAL WORKER 1] & [SOCIAL WORKER 2] , youth protection workers, duly authorized by the Director of Youth Protection of A Applicant v.

A , residing and domiciled at […] Mother and B, residing and domiciled at […] Father ______________________________________________________________________ JUDGMENT (sections 95 (1) and 75 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing for a child or the child’s parents to be identified.

Every person who contravenes this provision is guilty of an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A .). [ 1 ] The Director of Youth Protection of A (the Director) submitted an application for review of the decision rendered on May 12, 2017, entrusting the youth to an institution operating a rehabilitation centre until May 31, 2018. [ 2 ] The mother and the youth admit the allegations in the application and agree with the recommendations contained in the revision report. [ 3 ] Essentially, since the last Court hearing, the situation has evolved very positively for the youth. [ 4 ] On January 2017, he was entrusted to Youth and Family Centres B, in Unit A.

At the time, he was consuming alcohol and marijuana and sniffing gas on a daily basis. He had behavioural issues such suicidal ideations and homicidal thoughts. [ 5 ] He improved significantly in the highly structured environment at Unit A. He was assessed by the psychologist Dr. Joseph Beltempo, who described the following improvements in his psychological assessment report: […] X could be described as a very quiet withdrawn adolescent who has significantly improve since his placement in a highly structured environment.

Physically he was grown very significantly, he is very healthy, his attitude has turned around into a much more positive individual and his lifestyle is free of drugs, free of problematic behaviours and free of suicidal ideation. There have been incredible improvements since his placement at Unit A, which suggests hope and a bright future for X. He is not totally free from the phantoms of his past.

He stated very clearly that his depression has lifted significantly; he knows that it was due to the non-acceptance of his brother’s suicide that it was also due to his parents abandoning him and physically abusing him in childhood. When he was younger, he retaliated with anger, with drugs, and with distrust from the adults who were supposed to take care of him. He had very little support if I actually any while growing up so he entered a drug lifestyle and a life of intimidating others and becoming “reclusive” (cutting off himself off from his feelings).

X can make the difference now between his past and his current improvements. His relationships with his family have improved significantly since the physical abuse stopped. X appeared somewhat ambivalent about returning to his community and not being supported. He has flourished very well in the structured environment and has accepted the placement until 2018. […] [ 6 ] During his placement at the rehabilitation center, the youth maintained regular contact with his mother. He went to his mother’s house for home visits.

All these visits went very well. [ 7 ] On March 30, 2018, the applicant and educators from Unit A concluded that it would be beneficial for him to go back to live

with his mother. [ 8 ] The reintegration went very well. To be sure that the situation remains the same, it is important to provide assistance and guidance to ensure he will stay on the right path. The presence of an external educator will be helpful for the youth and his mother. [ 9 ] As for the mother, it will be important for her to continue her regular follow-up care with social services and to remain sober in the presence of the youth.

FOR ALL THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] REVISES the decision or order rendered on May 12, 2017; [ 12 ] DECLARES that the security or development of X, born on […], 2001, is still in danger; [ 13 ] ORDERS that the youth remain with the mother; [ 14 ] ORDERS that the youth and the youth’s mother take an active

part in the application of any of the measures ordered by the Tribunal; [ 15 ] ORDERS that the youth and the youth’s mother report in person, at regular intervals, to the Director to inform him of the current situation; [ 16 ] ORDERS that the youth and the youth’s mother receive the services of an external educator for the period deemed necessary by the professionals; [ 17 ] ORDERS that the mother remain sober in the presence of the youth; [ 18 ] RECOMMENDS that the mother seek help for her alcohol and personal issues through social services; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family until November 30, 2018; [ 20 ] ENTRUSTS the situation of the youth to the Director of Youth Protection of A, who shall then see that the measures are carried out. __________________________________ RENÉE LEMOINE, J.C.Q.

Mtre Cassandra Neptune Attorney for the youth Mtre Sarah Bourgeois Lessard Attorney for the applicant Mtre Angele Tommasel Attorney for the mother Date of hearing: May 23, 2018