2014 QCCQ 7456, 2014 QCCQ 7456

Protection de la jeunesse — 14392 2014 QCCQ 7456 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division NO.: 635-41-000278-090 DATE: January 10, 2014 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [ SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A APPLICANT AND X, born on [...] CHILD AND A MOTHER AND LE CURATEUR PUBLIC DU QUÉBEC IMPLEADED PARTY ______________________________________________________________________ JUDGMENT (1 st para of

section 95 of the Youth Protection Act R.S.Q. c. P-34.1) ______________________________________________________________________ [ 1 ] The Director of Youth Protection filed a motion to review a decision rendered on September 3, 2013 concerning X who is 16 years old. That judgment ordered the placement of the teenager in a foster family, namely that of B and C , for a period of three months. [ 2 ] The mother and the teenager were both present and represented respectively by M e Marie-Claude DeGagné and M e Angela Tommasel.

M e Camille Provencher acted on behalf of the applicant. [ 3 ] The mother being under the supervision of the public curator, the latter was served with the present petition. [ 4 ] In his last judgment, Judge Daniel Bédard gave an overview of all the Court decisions rendered since 2007 concerning X . [ 5 ] The first point is that there is no probable or foreseeable reintegration of the teen with his mother. To this day, this conclusion remains unchanged. [ 6 ] The second conclusion to be drawn is that X has never known stability and enjoyed no long-lasting stay in any one home.

For a period of time, he was living in a foster family and then in a reception centre when the foster family became overwhelmed and was soon going back and forth between a foster family and the reception centre. It has to be said that over the years, X has developed behavioural disturbances. [ 7 ] The most stable persons in his life during the past few years have been the foster parents. Obviously, there are strong bonds between the foster parents and the teen. [ 8 ] Last September, after being placed in a reception centre for almost 15 months, X was again placed in the same foster family.

It was not the first stay in a reception centre for the teen. He had also lived there for six months in 2011. [ 9 ] On September 26, 23 days after the last judgment was rendered, the foster parents asked that X be transferred elsewhere mainly due to his behaviour. On September 28, under provisional measures, X was placed in the reception centre in Town A . [ 10 ] In his testimony, X admitted that, during his stay in Town B , he used drugs every day, as well as drinking alcohol but to a lesser extent. He stated that he was given 50$ a day as pocket money, which was confirmed by the foster family.

He was the one who paid alcohol and drugs when using drugs or drinking with his friends. [ 11 ] Except for one occasion, the foster family had never noticed that X had used drugs or been drinking. [ 12 ] His routine in the foster family was also problematic. He got up around noon, hung around with his friends, and then came back to the foster family where he spent his nights playing X-box or surfing on the Internet.

[ 13 ] Even if he was asked to go to sleep and get up earlier, he never complied. [ 14 ] It is noteworthy to mention that X simply resumed the behaviour he had displayed in May 2012 when fostered at the same place. [ 15 ] Psychologist Dr. Joseph Beltempo wrote in his assessment report when recounting the interview he conducted with X , wrote: X acknowledged that he sometimes drinks alcohol but that he does not really like the effect. The last time he drank he got into trouble with his foster father, 3 weeks ago (early May 2012). He acknowledged that he smokes cigarettes and marijuana on a regular basis.

He described his usual day as pretty much sleeping in until 12:00 pm, then he would visit his best friend, he would come back for supper, then he would smoke marijuana and will be up all night playing the X-box until 2 or 3 am and the next day he wakes up at 12:00pm start the routine all over again. Clearly X has very little structure and does not attend school, and that although he seems to have a happy lifestyle he would like to attend school at some point in time. [ sic ] [ 16 ] This could have been written in September 2013, since the situation was identical. [ 17 ] Dr.

Beltempo explained X 's special needs: he presents with a significant impairment in overall intelligence functioning; some tests results are consistent with a possible Fetal Alcohol Spectrum Disorder that has to be further assessed. [ 18 ] He recommended that X be placed in a structured environment and that adapted schooling be provided to him in order to address the deficiencies present. He recommended that X be referred to the Town C Readaptation Centre (A Center) which is a specialized centre for children with intellectual disabilities. He also recommended that X be enrolled at A School in Town A.

His last recommendation was that the teenager be referred to be assessed for possible Fetal Alcohol Spectrum Disorder to specialist Dr. Kent Saylor. All these recommendations were part of the judgment rendered by Judge Renée Lemoine in August 2012. In spite of these recommendations, X was kept at the reception centre in Town A but was at least provided with one-to-one teaching.

Sadly, the recommendation about the assessment for a possible Fetal Alcohol Spectrum Disorder was obviously given no attention. [ 19 ] As X will reach the age of majority in one and half years, it is urgent that he receives all the adapted services he needs in order to develop to his full potential and attain his autonomy. [ 20 ] There are the reasons why the Court cannot agree with the plan established by the foster family even if they deeply love X . This teenager has special needs and special problems that must be addressed promptly.

To this day, he cannot read or write in English or in his mother tongue, which is Inuktitut.

Although he attended school last year, he barely attended school in the years prior to that. [ 21 ] Contact should be maintained with the foster family, as it represents stability for X and because of the strong bond between them. [ 22 ] FOR THESE REASONS, THE COURT: [ 23 ] GRANTS this petition; [ 24 ] DECLARES that the security and development of the teenager are still endangered; [ 25 ] REVIEWS the last court decision; [ 26 ] ORDERS the placement of X (1997-[…]) in a reception centre for a period of one year; [ 27 ] ORDERS that aid, counselling and assistance be provided to X and his family for a period of one year; [ 28 ] STRONGLY RECOMMENDS that X be admitted to the Town C Readaptation A Center ; [ 29 ] ORDERS that his academic situation be assessed with a view to providing him with adequate services; [ 30 ] DIRECTS X to participate in any schooling program or any other programs that is recommended in order to develop his academic skills and his autonomy; [ 31 ] ORDERS that access rights between the mother and X be prepared in advance and be supervised by the Director of Youth Protection as for the conditions and the frequency; [ 32 ] ORDERS that X receive all specific health care and health services required by his situation; [ 33 ] ORDERS that X be assessed for Fetal Alcohol Spectrum Disorder in the best delay and that any recommendations made by the professional concerned be put in place immediately; [ 34 ] WITHDRAWS from the mother certain attributes of parental authority and GRANTS the Director of Youth Protection A the right to sign any authorization required for medical, school, social services and activities and also traveling documents; [ 35 ] ORDERS that the mother be kept informed by the Director of Youth Protection about her son's progress and situation; [ 36 ] ORDERS the mother to report about her situation to the Director of Youth Protection at least once a month; [ 37 ] ORDERS that the relationship between the youth and his foster family, namely C and B , be maintained and that contact be allowed and supervised by the Director of Youth Protection as to the terms and frequency;

[ 38 ] ORDERS to any police force to collaborate in the execution of these Court orders if requested to do so by the Director of Youth Protection or one of his representative; [ 39 ] ENTRUSTS X 's situation to the Director of Youth Protection for the execution of these Court orders. __________________________________ LUCILLE CHABOT J.C.Q. Me Camille Provencher Counsel for the applicant Me Angela Tommasel Counsel for the teenager Me Marie-Claude DeGagné Counsel for the mother Date of hearing: December 5, 2013