2015 QCCQ 19470, 2015 QCCQ 19470

Protection de la jeunesse — 154697 2015 QCCQ 19470 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-027699-131 Date: October 26, 2015 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2001 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of Youth and Family Centres A Applicant -and- A , the mother (deceased) -and- B , the father The parents JUDGMENT

Section 95- 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 26, 2015, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision and extension of an order rendered by the undersigned, on February 18, 2015, whereby the now fifteen year-old adolescent, X , was entrusted to a rehabilitation center with aid, counsel and assistance, until September 30, 2015. [ 3 ] The facts alleged in support of the Motion for revision and extension dated August 5, 2015, are as follows: 3.1. the adolescent has settled down in the group home where he functions well; 3.2. the adolescent was observed to have strongly improved his general functioning at school and has won an award for the most improved student at school; 3.3. the adolescent continued his follow-up and involvement with a psychologist and a psychiatrist; 3.4. the father is involved with the adolescent and maintained regular visits with the latter; 3.5. the adolescent’s visits home are described to be positive; 3.6. the adolescent needs a structured, stable and safe environment as provided by a rehabilitation center; 3.7. both the father and the adolescent agree to extend his placement in a rehabilitation center at this point in time (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The father, assisted by Me De Vette, admitted most of the alleged facts and consented to his son’s continued placement provided that the adolescent could be reintegrated to his care at the end of the school year.

[ 6 ] The adolescent, assisted by Me Hamel, also admitted most of the alleged facts and agreed with his father regarding the proposed measures. [ 7 ] The Director filed Exhibit D-1 as evidence: D-1: Court report, signed by [social worker 1], dated July 30, 2015. [ 8 ] The adolescent filed Exhibit E-1 as evidence: E-1: Attestation de participation aux activités de cadets, signé par le Capitaine C, datée du 24 octobre 2015. [ 9 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 10 ] Moreover, the worker emphasized the progress being made by the adolescent who is doing very well in his group home. [ 11 ] However, he cautioned that despite his successes, the adolescent remains fragile and needs structure and reliability to thrive, whereas he tends to regress when confronted with change or instability. [ 12 ] His continued placement will allow him to consolidate his gains and successfully complete the school year before beginning a gradual reintegration to his father’s care. [ 13 ] The father is strongly encouraged to ensure over the coming months that he will be able to provide the structure and stability his son needs to develop to his full potential. [ 14 ] As summarized in the Court report , it will be crucial to avoid repeating the mistakes of the past: An attempt was made in August 2014 to maintain X under the care of his father.

Prior to the reintegration home, X expressed feeling of love for his father and a wish to return home; as well as cautioning the worker to proceed carefully. Towards the end of his stay with D, X escalated his behavioural defiance. The worker perceived X as feeling anxious about the reality and reliability of returning home. The entrustment of X to his father broke down after four months. Mr. B experienced conflict with his live in partner, Ms. D, and the conflict appeared to involve other adults as well. X directly experienced these conflicts and took an active role in some of the issues.

X described feeling very anxious and uncomfortable. He called the police on several occasions and began to light fires in the home. While Mr. B loves X unconditionally, and tried to provide daily care for him, the social situation was too unstable. Mr. B experienced great difficulty in managing some of X’s behaviour. X requires a clear reliable feeling of structure, safety and stability. X’s residence at the group home A appears to have begun to provide these needs.

He has settled down well at the group home and has displayed large improvements at school. [2] [ 15 ] 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.

THEREFORE, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] 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: [ 18 ] ORDERS that the adolescent be entrusted to a rehabilitation center; [ 19 ] TAKES JUDICIAL NOTICE that it is the group home A which is suited to meet his needs; [ 20 ] ORDERS that a reintegration to the care of his father begin as of June 23, 2016; [ 21 ] TAKES JUDICIAL NOTICE that the father will continue to ensure that his son is followed by a psychiatrist, including abiding by any adjustments to his medication, as deemed necessary; [ 22 ] ORDERS that the frequency and modality of contacts between the child and his father be determined by the Director of Youth Protection; [ 23 ] RECOMMENDS that the father engage in an assessment regarding his alcohol use; [ 24 ] ORDERS that a person working for Youth and Family Centres A provide aid, counsel and assistance to the adolescent and his family; [ 25 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of Youth and Family Centres A, who shall then see that the measures are carried out; [ 26 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 27 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Robert Hamel Attorney for the adolescent Me François De Vette Attorney for the father TD/vl