2013 QCCQ 17568, 2013 QCCQ 17568

Protection de la jeunesse — 135791 2013 QCCQ 17568 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000336-073 DATE: October 15, 2013 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre Jeunesse A, exercising her profession at the Centre jeunesse A, having a place of business at […] in A Municipality, district A, […] Applicant -and- X, presently hosted at A's Residence, […] in B City (Ontario), […] Adolescent -and- A, domiciled and residing at […] at A Municipality, district of A, […] Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The Director of Youth Protection makes an application for the review of a decision rendered by the Court on August 21, 2012, concerning X, born on […], 2000. [ 2 ] At the hearing all parties were present and represented by counsel.

ISSUE TO RESOLVE [ 3 ] The present case does not raise any litigious issue since the mother and the adolescent admit that the latter's security and development remain endangered and that the previous decision must be reviewed. Moreover, they agree with the Directors' recommendations. FACTS [ 4 ] X has been the object of a court decisions under the Youth Protection Act since March 28, 2007. To this day, his mother is unable to care for him on a daily basis.

She struggles with addiction and lacks stability in regards to many aspects of her life. [ 5 ] X must face many challenges as he suffers from foetal alcohol syndrome, an attention deficit with hyperactivity disorder as well as with an oppositional defiant disorder and borderline intellectual functioning. As a result, he struggles with learning difficulties, anger issues and oppositional behaviour. [ 6 ] After being shunted between many foster families and rehabilitation centers, X was entrusted to A CITY Court Residence in February 2011.

The facility was able to answer the adolescent's special needs as he could benefit from weekly psychotherapy and a regular follow-up with a psychiatrist within a structured yet friendly setting. [ 7 ] Unfortunately, last July the applicant was informed that the A CITY Court Residence was closing. Considering X is unable to evolve positively in a family like environment such as a foster family, this left little time to find the right residential program for X. With perseverance and a little luck, the applicant came across the Youth Initiative A group home, located in B CITY Ontario.

The group home is licensed by the Ontario Ministry of Children and Youth services and operated by B, his wife C and a team of councillors. The mission of the group home is to provide support and structure to emotionally and behaviourally disordered adolescents. The program put in place focuses on the development of life skills and the achievement of academic goals. A consulting psychiatrist and a clinical therapist are regularly working with the adolescents.

In addition, the program has a long-term approach with preparation for independent living. [ 8 ] Following a provisional foster care order, X has been staying at this group home since the 6 of August 2013. He had been well prepared for this change by the A CITY Court staff and was looking forward to his move in this group home. He is adapting well to his new environment. [ 9 ] In her testimony, Mrs C stated that she is well aware of the honeymoon stage. X has started to show his true colors and Mrs C

feels that X is an excellent fit for the program. At the present time they are working through administrative hurdles in order to obtain a health insurance card for X. He is attending A Public School in grade 8. [ 10 ] X's main challenge is anger management. He displays violent behaviour when frustrated. He also struggles with mood swings, which can also lead to impulsive and aggressive behaviour. Positive reinforcement, structure and attention are the key to the adolescent's functioning. [ 11 ] As previously mentioned the mother agrees with the Director's recommend-dations.

She has had the opportunity to accompany X to the group home when he first arrived. She is looking forward to visits at the group home, considering it is much closer to her home. X has a solid bond with his mother. However, his visit in March 2013 had to be cut short due to the mother's personal difficulties with her boyfriend. [ 12 ] The applicant believes that during X's next visits he should stay in a foster family. This way he could sleep at the foster family's house and spend the day with his mother.

DECISION [ 13 ] Like the parties, the Court believes that the Youth Initiatives A group home can answer X's many needs. The Court is also sensitive to the fact that X wants to know what will be his living arrangements on the long-term. The Court is of the opinion that it would not be in the adolescent's best interest to grant a one or two year placement in order to see how he fits in on the long run. X needs to know that this facility will be home for years to come, therefore allowing him to better himself. [ 14 ] The Court encourages the mother to maintain contact with her son.

However, X's visits in his community must be a chance to spend quality time with his mother as much as possible, free of her other burdens. [ 15 ] Considering the group home is located in Ontario and that an order under

section 91 Y.P.A. entrusting a youth to a rehabilitation center entails that the center is within the province of Quebec, the Court will entrust the adolescent to Mr B and his wife. [ 16 ] FOR THESES REASONS, THE COURT: [ 17 ] GRANTS the petition; [ 18 ] MAINTAINS that the security and development of the adolescent remain endangered; [ 19 ] ENTRUSTS the adolescent to B and C until his majority, as long as they are operating the Youth Initiatives A group home; [ 20 ] ORDERS that the adolescent and the mother take an active

part in the present measures; [ 21 ] ORDERS that the contacts between the adolescent and other members of his family be supervised by the Director of Youth Protection as to the frequency and modalities; [ 22 ] ALLOWS that during visits in his community, X stays in a foster family; [ 23 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the mother and the adolescent until he reaches his majority; [ 24 ] ORDERS that the adolescent receive all health services required by his condition; [ 25 ] ALLOWS that all the professionals involved in the case exchange information pursuant to the evolution of the file in general.

However, the patient professional privilege will remain for the rest; [ 26 ] ORDERS the police to collaborate in the execution of the present judgment; [ 27 ] ENTRUSTS the adolescent's situation to the Director of Youth Protection for the purpose of executing the measures ordered by the Court. __________________________________ NANCY McKENNA, J.C.Q. M e Julie Lemire Lemire, Gaouette & Martel Centre jeunesse A Lawyer for the DYP M e Sébastien Lebel Lawyer for the adolescent Date of hearing: September 18, 2013