2015 QCCQ 12200, 2015 QCCQ 12200

Protection de la jeunesse — 152295 2015 QCCQ 12200 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-027699-131 Date: February 18, 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 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 February 18, 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 of an order rendered by the undersigned, on September 5, 2014, whereby the now thirteen year-old child, X , was entrusted to the care of his father with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the motion for revision dated December 10, 2014, are as follows: 3.1. despite his best efforts, the father experiences difficulty in managing the child’s challenging behaviours; 3.2. the child has been exposed to frequent conflict between the father and his girlfriend; 3.3. the father who has a past history of alcohol abuse has been consuming alcohol recently; 3.4. the child has been starting fires, more particularly he has started three (3) fires in the last two (2) to three (3) weeks; 3.5. the father is requesting immediate removal of the child from his care; 3.6. the father and the child require ongoing support which have not been available or father did not follow through (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child be entrusted to a rehabilitation center, with aid, counsel and assistance, as well as additional corrective measures, until September 30, 2015. [ 5 ] The father, who chose to proceed without the assistance of legal counsel, admitted all the alleged facts and consented to the proposed measures. [ 6 ] The child, assisted by Me Chafoya-Hunter, also admitted all the alleged facts and consented to the proposed measures. [ 7 ] The Director filed Exhibits D-1 and D-2 as evidence:

D-1: Court report, prepared by [Social Worker 1], dated February 11, 2015; D-2: Medical certificate, signed by Dr. Ridha Joober, dated February 14, 2015. [ 8 ] In

summary, the evidence establishes the facts alleged in support of the motion. [ 9 ] As summarized in the Court Report , the child requires intensive support and services: The psychological well being of X has been a concern. A fire in 2010, likely caused accidentally by X, resulted in the deaths of his mother, younger brother and a paternal aunt. This enormous trauma coupled with the social instability since that time, understandably would cause feelings of sadness, anger, confusion and anxiety. X has exhibited behavioural problems, disorganization and anxiety both at school and at the previous foster home.

He requires a high degree of guidance, support and supervision. [2] [ 10 ] However, as described in the child’s Medical certificate some of his difficulties appear to be situational: J’ai commence un traitement par psychostimulants pour l’aider avec son TROUBLE DEFICIT DE L’ATTENTION/HYPERACTIVITÉ, et la médication semble moyennement efficace dans son cas.

Il faut aussi noter que le trouble déficit de l’attention/hyperactivité s’exprime de manière circonstancielle chez X, dans la mesure ou des comportemenst du type TROUBLE DEFICIT DE L’ATTENTION/HYPERACTIVITÉ n’ont pas été observés dans certaines familles d’accueil et par certains Professeurs.

Je dirais donc que le traitement pharamcologique est indiqué dans certaines conditions mais pas nécessairement de manière systématique [3] (reproduced with errors and/or omissions). [ 11 ] As a result, as emphasized by the social worker, [Social Worker 1], it is of paramount importance that the child benefit from a stable, reliable environment. [ 12 ] The father is strongly encouraged to continue in his efforts to follow-through with the necessary measures to eventually provide his son with the solid, predictable and loving environment the child needs. [ 13 ] 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 child's interest.

THEREFORE, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and development of the child, X , remain compromised under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the child be entrusted to a rehabilitation center; [ 17 ] ORDERS that the child benefit from all health care services required, more particularly that he continue to be followed by a psychiatrist to adjust his medication, as necessary; [ 18 ] ORDERS that the recommendations in the medical certificate provided by Dr.

Joober [4] be followed, more particularly that the child receive individual psychotherapy or equivalent services in the form of art therapy or play therapy; [ 19 ] TAKES JUDICIAL NOTICE that an appointment will be scheduled with […]’s psychologist, Natalia Mainman, to assess the child and determine the most appropriate form of therapy for the child including grief therapy, as quickly as possible; [ 20 ] ORDERS that the child participate in extra-curricular activities TAKING JUDICIAL NOTICE that the child is taking karate twice a week and that he may participate in cadets as well; [ 21 ] RECOMMENDS that the father engage in personal therapy; [ 22 ] TAKES JUDICIAL NOTICE of his undertaking to do so; [ 23 ] STRONGLY RECOMMENDS that he do so, as soon as possible; [ 24 ] STRONGLY RECOMMENDS that the father complete an assessment regarding his abuse of alcohol and follow any recommendations that may be made; [ 25 ] STRONGLY RECOMMENDS that the father participate in a parenting program; [ 26 ] TAKES JUDICIAL NOTICE of his undertaking to do so; [ 27 ] AUTHORIZES the Director of Youth Protection to communicate with all service providers working with the family TAKING JUDICIAL NOTICE of the parties’ consent; [ 28 ] ORDERS that the frequency and modality of contacts between the child and his father be determined by the Director of Youth Protection; [ 29 ] TAKES JUDICIAL NOTICE that such contacts currently occur twice a week and that such contacts will be encouraged, as much as possible, and that the child may have overnight visits with his father after having been seen by the psychologist;

[ 30 ] ORDERS that a person working for Youth Protection CENTER provide aid, counsel and assistance to the child and his family; [ 31 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 32 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 33 ] THE WHOLE until September 30, 2015. TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Adriana Chafoya-Hunter Attorney for the child TD/vl