2016 QCCQ 14740, 2016 QCCQ 14740

Protection de la jeunesse — 167118 2016 QCCQ 14740 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000171-022 DATE: September 8, 2016 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2000 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 ] The Director of youth protection (DYP) asks the Court to revise and extend the order rendered on July 7, 2015, in respect of the adolescent. [ 2 ] At the hearing, the parents are not present, even if they were duly served. However, the father sends a letter [1] dated August 9, 2016 stating that he is aware of the proceedings, and he is in agreement with the measures proposed by the DYP, for his son to be placed at a rehabilitation center for a year.

Regarding the mother, the worker discussed with her, and she also agrees with the recommendations suggested. [ 3 ] The adolescent is absent but duly represented. Even if he denies many allegations, through his counsel, he agrees with the measures proposed by the DYP and the filing of the reports to value the testimony of the author. [ 4 ] Since the last measures ordered on July 7, 2015, his situation has worsened. He is showing many behavioural problems. [ 5 ] At the beginning, he was placed in a foster family. He was doing well the first week, but he changed and started to consume drugs.

He was skipping school and got suspended because of the drugs. Moreover, the foster family found some drugs, and they cannot allow that in their house due to the fact they have younger children. They cannot permit such behaviours around the other teens. He had to be removed from this family to a rehabilitation center. [ 6 ] In January 2016, he broke his bedroom window, but he managed to reimburse it. Sometimes he loses his temper.

Usually, when this happens his reactions are yelling and damaging things. [ 7 ] During his placement, the adolescent had to be transferred from A group home to B Intensive Supervision Unit and afterwards to [A Center] because he ran away a few times. There have been seven episodes of him running away since his admission in a rehabilitation center. In his recent escape, he was found sleeping outside at the exit of the A metro. [ 8 ] Because of this behaviour, he attended an intensive care unit, which resulted in interfering with his follow up with external

educators and addiction workers. However, the adolescent states that he does not need to work with an addiction worker since he can do it on his own. [ 9 ] The mother managed to change her life in the past couple of years, and she is not currently using drugs and alcohol. Until December 2015, the mother and the adolescent had a close relationship. This relation deteriorated when she moved in with her new boyfriend. She did not have contact with her son from December 1, 2015 until March 2016. He saw her at his maternal grandmother’s funeral.

This had a major impact on him. [ 10 ] Moreover, the mother did not contact the DYP from December to May 2016. Recently, the mother started to get involved again in her son’s life. When he run away last time she tried to locate him and even went to [A City] to search for him. Now, she communicates frequently with the worker and wishes to be involved again in her son’s life. She started to have contacts with her son. [ 11 ] In the past months, the mother has not been consistent in her cooperation with the services and also towards her son.

However, it seems she wants to turn that situation around and wishes that her son be entrusted back to her one day. Before going in that direction, she will have to get involved and demonstrate consistency. [ 12 ] The adolescent had outings with his sister, his father and with his paternal grandmother. Those meetings were all positive for the adolescent. The comments were very good throughout. [ 13 ] The situation of the adolescent is well summarized in the observation and evaluation report [2] from A unit, as hereby described: « When X was alone with the adult, efforts were made to conform, to show respect.

He has trust issues with the adult; carries lots of anger and resentment. X blames Social Services, his mother and [A Unit], for his behaviour. He has difficulties accepting a refusal; oppositional, loud and intimidating. » [ 14 ] He has to stop acting out and work on his personal issues, to respect authority and be able to function in a more open home environment in order to go back. [ 15 ] Despite that, recently, the situation of the adolescent has improved.

It remains that he still requires structure and daily services because of his issues. [ 16 ] The evidence demonstrates that the security and development of the adolescent are still in danger. Under the circumstances, the petition is well founded. The suggested measures appear to be in its best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 17 ] GRANTS the application for revision and extension of order; [ 18 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 19 ] REVISES AND EXTENDS the Court order rendered on July 7, 2015, in the present file; [ 20 ] ORDERS that the adolescent be entrusted to a rehabilitation center designated by the DYP until July 31, 2017; [ 21 ] ORDERS that visits between the adolescent and his mother are determined by agreement between the parties; [ 22 ] ORDERS that visits between the adolescent and his father are determined by agreement between the parties, including their supervision as long as deemed necessary; [ 23 ] RECOMMENDS that the adolescent and his mother benefit from psychological counselling to deal with their personal issues; [ 24 ] ORDERS that the adolescent and his mother benefit from working with an External Educator to deal with parenting and communication issues; [ 25 ] RECOMMENDS that the adolescent receive help for his addictions from an Addiction Worker and agree to provide random drug testing; [ 26 ] ORDERS that the adolescent and his family actively participate in the application of the ordered measures; [ 27 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and his family until July 31, 2017; [ 28 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order.

__________________________________ CELESTINA ALMEIDA, J.C.Q. Me Louyse Andrée Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. C the mother Mr. B the father Date of hearing: September 8, 2016 Written judgment filed on September 15, 2016