2011 QCCQ 13251, 2011 QCCQ 13251

Protection de la jeunesse — 114454 2011 QCCQ 13251 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC [...] Youth Court Division N°: 525-41-024035-107 Date: August 17, 2011 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 1996 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection Batshaw Youth and Family Centers Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 95-95.1 of the Youth Protection Act (L.R.Q., C.P-34.1) [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of August 17, 2011, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with a motion for revision and extension of an order rendered on January 20, 2011, whereby the now […] year-old adolescent, X , was entrusted to a rehabilitation centre with aid, counsel and assistance for a period of one year. [ 3 ] The facts alleged in support of the motion are as follows: 3.1. the adolescent remained in a foster home with weekend visits to the mother; 3.2. since the last order, the adolescent's situation has been deteriorating, more particularly but not restrictively in that:

a) the adolescent still presents with mood and anger management issues;

b) the adolescent is not abiding rules and regulations, including curfew of the group home and the mother;

c) the adolescent is confrontational in that he challenges the mother's authority and is aggressive towards her;

d) the adolescent's marijuana consumption has increased to a point where at times, he is not responsive to his environment;

e) on more than one (1) occasion, the adolescent skipped school in order to smoke marijuana and became intoxicated;

f) on one (1) occasion, the adolescent threw an object toward a student which led to a three-day (3) suspension;

g) on April 28 th , 2011, the adolescent set a fire in school using hand sanitizer and a lighter leading to an additional three-day (3) suspension;

h) the adolescent's attitude in school led him to often be kicked out;

i) on May 9 th , 2011, due to the adolescent's behavioural issues, he was transferred from A School to B School;

j) the adolescent has not followed up with the recommendations of the A Program;

k) on May 25 th , 2011, the mother and the adolescent completed the B Program but the latter has yet to benefit from it;

l) the adolescent presents as lacking accountability for his own issues; 3.3. the mother is receptive to the case worker's intervention, is collaborating but is not yet ready to have the adolescent reintegrated in the home; 3.4. the father has remained uninvolved with the case worker; 3.5. given these ongoing difficulties, a return of the adolescent to the mother's home is not warranted (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation centre for a maximum period of six (6) months with gradual reintegration to his mother's care, if and when the situation allows, at the exclusion of Mr.

B, with aid, counsel and assistance, as well as additional corrective measures, for a period of nine (9) months. [ 5 ] The mother, assisted by Me Josée Lefebvre, admitted all the alleged facts and consented to the proposed measures. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, admitted most of the alleged facts and also consented to the proposed measures. He expressed strong disapproval of his son's drug abuse and his hope that he could return to his mother's care.

He also undertook to collaborate with social services in his son's interest. [ 7 ] The adolescent, assisted by Me Pauline Laforce, also admitted most of the alleged facts and consented to the proposed measures.

He expressed his desire to return to his mother's care as quickly as possible whilst acknowledging that he still needs to make significant changes. [ 8 ] The Director filed Exhibits D-1 to D-4 as evidence: D-1: En-liasse, French and English version of the court report by [Social Worker 1], dated June 13 th , 2011; D-2: Addendum to the court report by [Social Worker 1], dated August 11 th , 2011; D-3: En-liasse, C School Board departure notice dated May 9 th , 2011 and detailed report of the adolescent's absences at A School from September 8 th , 2010 to May 6 th , 2011 (filed under s. 294.1 C.p.c.); D-4: E-mail from [Social Worker 2] to a youth protection delegate, dated August 10 th , 2011 in regards to the adolescent's progress at A Group Home (filed under s. 294.1 C.p.c.). [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] The adolescent's main challenges are described as follows in a letter from the manager of A Group Home where the adolescent has been residing since March 2011: X seems to be committed to make changes in his life however his use of marijuana seems to over shadow pretty much everything else. X has said that he would participate in having a drug evaluation but has not taken the steps with a simple phone call. The staff are ready to assist him with this process and he is fully aware of this offer.

In general it seems that X is doing better than a few months ago. He recognizes that he has to make more changes in his behaviour and to develop more respect for his mother and the rules she establishes in her home.

We are hopful that with support he would be able to go home in a few months if he his willing to work hard (reproduced with errors and/or omissions). [1] [ 11 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest. [ 12 ] THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the adolescent, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT 'S INTEREST TO ORDER THE FOLLOWING MEASURES:

[ 15 ] ORDERS that the adolescent remain entrusted to a rehabilitation centre for a period of six (6) months with a gradual reintegration to his mother's care, if and when the situation allows, at the exclusion of Mr. B; [ 16 ] ORDERS that contacts between the adolescent and his father be determined by the DYP, including supervision if deemed necessary, and taking into account the adolescent's needs and desires; [ 17 ] TAKES JUDICIAL NOTICE of the father's intention and desire to maintain positive contacts with his son; [ 18 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered by the Court; [ 19 ] ORDERS that the adolescent refrain from any form of aggression towards his mother; [ 20 ] ORDERS that the adolescent be accountable to his mother for his whereabouts at all times; [ 21 ] TAKES JUDICIAL NOTICE of the adolescent's consent to undergo a psychological evaluation and therefore, ORDERS that the adolescent undergo a psychological evaluation and RECOMMENDS that he follow the recommendations; [ 22 ] TAKES JUDICIAL NOTICE of the adolescent's recent meeting with A Pavilion and his expressed intention to take the necessary steps to reduce his consumption and to participate in a weekly program to that effect; [ 23 ] RECOMMENDS that the adolescent undergo a substance use assessment and that he follow the recommendations; [ 24 ] RECOMMENDS that the adolescent and his mother continue to receive counseling services for victims of conjugal violence; [ 25 ] RECOMMENDS that the father also seek treatment to address his personal issues and TAKES JUDICIAL NOTICE of the father's expressed intention and desire to do so; [ 26 ] AUTHORIZES the DYP to have access to information regarding the father's treatment program with respect to participation and attendance; [ 27 ] TAKES JUDICIAL NOTICE of the father's consent to that effect; [ 28 ] ORDERS a person working for Batshaw Youth and Family Centres to provide aid, counsel and assistance to the adolescent and family; [ 29 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of Batshaw Youth and Family Centres, who shall then see that the measures are carried out; [ 30 ] THE WHOLE for a period of nine months.

TAYA DI PIETRO, Q.C.J. Me Anne-Marie Dodds Attorney for the Director of Youth Protection Me Pauline R. Laforce Attorney for the adolescent Me Josée Lefebvre Attorney for the mother Judgment rendered verbally on August 17, 2011 . TD/vl