2016 QCCQ 4148, 2016 QCCQ 4148

Protection de la jeunesse — 161813 2016 QCCQ 4148 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division DATE: March 23, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE CLAUDE P.

BIGUÉ J.C.Q. ______________________________________________________________________ IN THE MATTER OF: No. 640-41-001719-142 X , born on [...], 1999 ______________________________________________________________________ [SOCILA WORKER 1] Applicant and A AND B Parents ______________________________________________________________________ JUDGMENT (section 95, Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing 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 submitted an application asking the Court to review a judgment rendered by Lucille Chabot J. on December 11, 2014. Chabot J. ordered the placement of the youth X, now 16 years old, in a rehabilitation centre for a period of eight months. [ 2 ] The Director was represented by lawyer Gabriel Gaudreault, and the youth by lawyer Joanie Jacob. The mother was present but she was not represented by a lawyer; she agreed with the motion. [ 3 ] Mr.

C was authorized to attend the hearing, being the person to whom the Director wanted to entrust the youth, because Mr. C claims to be the biological father of the youth. [ 4 ] The father, B, decided not to be present in Court, even if he was duly served. The applicant confirmed the date of the hearing to Mr. B. The Court decided to proceed with the hearing in the absence of Mr. B, who did not show up at the previous hearings.

ISSUES RAISED [ 5 ] Is a placement with the biological father realistic for this youth, who spent over a year at the rehabilitation centre? [ 6 ] If the answer is yes, what other measures should be ordered? THE FACTS [ 7 ] On December 11, 2014, Lucille Chabot J. ordered that the youth be entrusted to a rehabilitation centre until August 30, 2015. That was an extension of a prior judgment (s. 38) rendered on April 1, 2014 by Nancy McKenna J., ordering a placement in a rehabilitation centre for 8 months.

Judge Chabot also ordered that the youth attend a treatment centre for her drug and alcohol addictions and that she be assessed by a psychologist. [ 8 ] On February 19, 2015, the youth underwent a psychological assessment by Dr. Joseph Beltempo. [ 9 ] Following the decision to be reviewed, the youth stayed at two different group homes, in Town A and in Town B. She ran away on many occasions.

At the Centre, her general behaviour was problematic most of the time. [ 10 ] The youth also decided to abuse alcohol when granted permissions to leave the Centre, during the Christmas period of 2014, for example, and also on May 8, 2015, with her biological mother and her boyfriend.

[ 11 ] After that period during which she kept running away from the group homes and defied the rules, the youth changed her attitude and decided to remain sober. And she did so. [ 12 ] She passed her school year and was promoted to the next grade. [ 13 ] During her authorized leaves, X also developed an interest for the family of her biological father, with whom she had reconnected. A good relationship has developed between the youth and Mr.

C. [ 14 ] On July 6, she ended her stay at the rehabilitation centre and she spent a few days in the family of her biological father. [ 15 ] On July 17, 2015, she started attending a program at the [Treatment Center A] in Town C, for a period of 16 weeks. [ 16 ] She completed her treatment and then she moved in with the family of Mr. C; integration has not been easy but it still holds and has even improved lately. [ 17 ] The parents currently reside in Town D (formerly the Town E, in [region A]), located 150 kilometres west of Town F. They are no longer involved in the life of the youth.

ANALYSIS [ 18 ] Even if it is sometimes difficult, the youth is willing to remain with the family of Mr. C, and the family also wants to continue to foster the youth. [ 19 ] Mr. C is happy with the plan proposed by the Director and he is willing to foster the youth until her majority. He has discussed this with his wife D, who is also willing to have X in her family until the youth reaches her majority, in April 2017. [ 20 ] The measures proposed by the review report of August 28, 2015 and by the supplementary report of November 30, 2015 will be accepted by the Court.

FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the motion. [ 22 ] REVISES the judgment rendered by Lucille Chabot J. on December 11, 2014. [ 23 ] DECLARES that the security and development of the youth are still in danger. [ 24 ] ORDERS that the youth be assessed by the clinic in order to determine if she suffers from FASD. [ 25 ] ORDERS that the youth receive the health care and health services required by her condition. [ 26 ] ORDERS that the youth be entrusted to the care of C and her step-mother D, until the age of majority, with respite periods in a rehabilitation centre for short periods of between 1 and 3 weeks when necessary. [ 27 ] ORDERS that the youth respect the rules of the household. [ 28 ] ORDERS that the youth receive help from the [center A] worker or any other services available to help her maintain her sobriety. [ 29 ] RECOMMENDS that the youth attend school on a daily basis and that particular attention be given to her school persistence. [ 30 ] ORDERS that the youth receive services from a psychologist and/or a therapist to help her deal with her anger management issues and develop her ability to create bonds and trust others. [ 31 ] ORDERS that Mr.

C and Mrs. D receive aid, counselling and assistance in order to understand the youth's dynamics and be able to support her in her choices. [ 32 ] ORDERS that aid, counselling and assistance also be provided to the youth. [ 33 ] ENTRUSTS the situation of the youth, X, to the Director of Youth Protection A, who shall then see that the measures are carried out. [ 34 ] ORDERS the execution of the present judgment by any peace officer, if requested by the Director. __________________________________ CLAUDE P. BIGUÉ J.C.Q. Mtre. Gabriel Gaudreault For the D.Y.P. Mtre. Joanie Jacob For the youth

Mrs. A, present and not represented Mr. B, absent and not represented Date of hearing: February 16, 2016