2014 QCCQ 14821, 2014 QCCQ 14821

Protection de la jeunesse — 143065 2014 QCCQ 14821 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 525-41-021047-089 DATE: July 15, 2014 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection A Applicant - and - X Born on […], 2000 - and - A - and - B 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 4 months with integration into a confidential foster home when the situation allowed and that the adolescent remain in foster care for one year, along with a social follow-up and other specific measures for the same period. [ 3 ] The principal facts alleged in support of the motion are the following: • The adolescent continues to present behavioural disturbances; • Since January 2014, the adolescent was suspended from school on two different occasions; • The adolescent is involved in drug use (marijuana); • The adolescent has been disrespectful towards school personnel and has been skipping school on various occasions; • The mother has had supervised visits with her son at [Center A] once every two weeks; • The mother has not been collaborative with the youth protection worker; • The father’s whereabouts remain unknown at this time; • A foster family has recently been identified for X and his brother Isaiah; • However, more time is needed to assess the said foster home and to begin a possible integration; • The adolescent responds well to the structure provided by his rehabilitation centre. [ 4 ] The Director of Youth Protection recommends that the adolescent be entrusted to a rehabilitation centre for a period of one year and

that a social follow-up be provided to the family for the same period. [ 5 ] The father remains uninvolved in the adolescent’s life and is not collaborating with DYP. Under the circumstances, the Court proceeded in the absence of the father. [ 6 ] 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. C, was arrested and detained by Immigration but has since been released. [ 7 ] The adolescent wishes to return to his mother’s care and if that is not possible to integrate a foster home. His lawyer asks the Court for the order to end January 15, 2015, as the last order was for one year. X testifies that he liked the foster family that had been identified for him, but that he does not want to move to Verdun.

He would like to integrate a foster family in Town A or Town B. He is currently attending summer school where he follows math classes. X says that he does not present with behavioural difficulties, but admits having been suspended from school on two occasions and not always respecting his curfew. [ 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 has not been 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 ] Under the circumstances, it is in the adolescent’s best interest to be entrusted to a rehabilitation centre until May 30, 2015. X’s behaviour has deteriorated since the last Court order. He has been suspended from school, does not respect his curfews and his consumption of cannabis has increased.

The only reason he gave for wanting to integrate a foster home, is the fact that the group home is too strict. It is clear that he hopes to have more freedom and less structure in foster care.

At this point, the adolescent needs to take responsibility for his actions and to learn to make the right choices. [ 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 May 30, 2015; [ 14 ] ORDERS that the frequency and modality of contacts between X and his parents be determined by the Director of Youth Protection, including supervision as deemed necessary; [ 15 ] ORDERS that the adolescent receive all health care services required by his situation; [ 16 ] ORDERS that the adolescent undergo random drug testing at the request of DYP; [ 17 ] ORDERS that the adolescent submit to a substance abuse assessment and follow through with the recommendations; [ 18 ] ORDERS that the mother refrain from all form of physical or verbal violence towards the adolescent, including threats of physical harm; [ 19 ] RECOMMENDS that the mother avail herself of support and counselling available through her local CLSC; [ 20 ] RECOMMENDS that the mother keep DYP informed of the immigration status of her husband, C; [ 21 ] ORDERS the parents to collaborate with DYP and to meet with the youth workers as requested and to inform them of any change of address or telephone number in a delay of 24 hours; [ 22 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family until May 30, 2015; [ 23 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall see that the measures are carried out; [ 24 ] 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