2023 QCCQ 3329, 2023 QCCQ 3329

Protection de la jeunesse — 231602 2023 QCCQ 3329 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] « Youth Court Division » N°: 525-41-031000-169 Date: February 1, 2023 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2007 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of February 1, 2023, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision and extension of an order rendered by the undersigned on November 30, 2021, whereby the now fifteen year-old adolescent, X , was entrusted to a rehabilitation center with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for revision and extension dated September 26, 2022, are as follows: 3.1. the adolescent has remained at A Group home; 3.2. the adolescent has been receiving services from a Center A educator; 3.3. the mother has been having extended visitation with the adolescent; 3.4. the adolescent has been enjoying his visits with his mother; 3.5. the mother has been responsible and appropriate with the adolescent and has expressed her desire to have him entrusted to her care; 3.6. up until April 13, 2022, the father has had sporadic visits with the adolescent; 3.7. since April 13, 2022, the father has not had any contact with the adolescent; 3.8. on or about May 1, 2022, the father was arrested in relation to a conjugal violence incident involving the mother of the adolescent half-sibling; 3.9. following this incident, the father was ordered to a rehab program at Maison A; 3.10. on or about May 27, 2022, the father left the rehab center and there is currently a warrant for his arrest; 3.11. ongoing support and monitoring are required (reproduced with errors and/or omissions).

[ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to a rehabilitation center for a maximum period of thirty days, while he continue to reintegrate into his mother’s care with a full reintegration by March 1 st , 2023, on the condition that the criminal background check regarding the mother’s fiancé, Mr. C, does not raise any concerns regarding the adolescent’s safety, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 5 ] The mother, assisted by Me Lafontant, admitted most of the alleged facts.

However, she objected to the Director of Youth Protection’s proposed reintegration over thirty days and sought her son’s immediate entrustment to her care. [ 6 ] The father, who is incarcerated, could not be present for the hearing. Efforts to allow him to participate by videoconference were not successful and he indicated that he agreed that the hearing proceed in his absence.

He also agreed with the proposed measures. [ 7 ] Me Ameur, on behalf of the adolescent, made no admissions but approved of the measures proposed by the Director of Youth Protection. [ 8 ] The Director filed Exhibits D-13 and D-14 as evidence: D-13: 95 Court Report, prepared by [social worker 1], dated September 16, 2022; D-14: Addendum, prepared by [social worker 1], dated January 17, 2023. [ 9 ] In

summary, the mother is adamant about wanting her son returned to her care immediately. [ 10 ] Since the last Court order, she has remained consistently involved and has not wavered in her commitment towards her son: Ms. A has been very involved in X’s life throughout the current review period. She has been following up with his needs at A Group Home and has remained concerned with his medical follow-up. […] Visits between X and his mother have gradually increased over the review period and she has maintained weekend visits (Friday to Sunday evening) with X since December, 2022. […] Ms.

A has been responsible and appropriate with X and has consistently expressed the desire to take care of X full-time.

X also enjoys visits with his mother, when asked about them, he talks about the fun things they do together and how excited he is to go every time. [2] [ 11 ] However, despite her consistent efforts to be present for her son, the mother has been less than forthcoming with the Director of Youth Protection about her personal life. [ 12 ] In fact, two months prior to the hearing date, the social worker was made aware of the mother’s new partner. [ 13 ] Although she refers to him as her fiancé, she refused to provide his name and date of birth to the Director of Youth Protection until the date of the hearing. [ 14 ] Asked why she was reluctant to disclose his identity, the mother answered that he “didn’t want to get involved”. [ 15 ] Asked whether he had any prior convictions, the mother was very evasive.

She began by saying that he had been arrested, and then revealed that he had been to prison for a few years, yet claimed she was not sure why, stating “that’s his personal stuff”. [ 16 ] Given the adolescent’s vulnerability and the mother’s evasive testimony, and given the absence of information regarding the mother’s fiancé, the adolescent’s immediate full reintegration to her care is clearly premature. [ 17 ] The delay recommended by the Director of Youth Protection is more than amply justified to make necessary verifications. [ 18 ] In addition, services to help the adolescent cope with the sexual abuse he suffered are urgently needed and every effort should to be made to ensure they are provided as soon as possible: X is still on the CLSC waitlist for psychological services, this information was confirmed by the undersigned on November 2 nd , 2022. [3] [ 19 ] Under the circumstances, given the evidence, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent’s interest.

THEREFORE, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the adolescent, X , remain in danger 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: [ 22 ] ORDERS that the adolescent be entrusted to a rehabilitation center, while he continue to reintegrate into his mother’s care and be fully reintegrated by March 1 st , 2023, on the condition that the criminal background check regarding the mother’s fiancé, Mr. C, does

not raise any concerns regarding the adolescent’s safety; [ 23 ] ORDERS that frequency and modality of contacts between the adolescent and his mother be determined by the Director of Youth Protection until the adolescent’s reintegration into his mother’s care is completed; [ 24 ] ORDERS that the adolescent not be left unsupervised with the mother’s fiancé and not sleepover in the fiancé’s presence without the Director of Youth Protection’s prior approval; [ 25 ] ORDERS a suspension of contact between the adolescent and his father until such time as the father meets with the worker three consecutive times at which point: ORDERS that the frequency and modality of contacts between the adolescent and his father be determined by the Director of Youth Protection, including supervision if deemed necessary; [ 26 ] RECOMMENDS that the father take steps to address his substance abuse issues; [ 27 ] ORDERS that the father remain sober and not be under the influence of any substances while in the adolescent’s presence; [ 28 ] ORDERS a prohibition of contact between the adolescent and Mr.

D; [ 29 ] ORDERS that the adolescent receive specialized services related to his ASD diagnosis and intellectual and language impairment (Center B or Center A); [ 30 ] ORDERS that the adolescent receive all services and health care required by his situation; [ 31 ] ORDERS that the adolescent receive therapeutic support services regarding the sexual abuse he experienced as soon as possible; [ 32 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with treating professionals working with the family; [ 33 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and his family, including the services of an educator if deemed necessary; [ 34 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 35 ] THE WHOLE for a period of six months.

Signed on February 17, 2023 TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Younes Ameur Attorney for the adolescent Me Christophe Lafontant Attorney for the mother TD/vl