2013 QCCQ 11116, 2013 QCCQ 11116

Protection de la jeunesse — 133151 2013 QCCQ 11116 COURT OF QUEBEC YOUTH DIVISION CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 525-41-015880-040 DATE: July 24, 2013 ______________________________________________________________________ BY THE HONOURABLE ANN-MARIE JONES, J.C.Q. ______________________________________________________________________ Director of Youth Protection of A Youth and Family Centres Applicant - and - X Born on […], 2004 - and - A - and - B Respondents ______________________________________________________________________ JUDGEMENT

Section 95 Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Court hereby confirms and gives the reasons for a decision rendered verbally at the hearing of July 24, 2013, in accordance with the requirements of

section 90 of the law. [ 2 ] The Court was presented with a motion for revision of an order rendered February 13, 2009, entrusting the child to foster care until his age of majority with aid, counsel and assistance and other measures for the same period. [ 3 ] The principal facts alleged in support of the Director’s motion are the following: • The child remained placed in the same foster home; • The child’s situation progressively deteriorated, more particularly in that: . the child is aggressive in the foster home, towards his foster siblings and towards the foster parents; . the child threatened to kill, strangle or stab his foster siblings; . the child kicked his foster siblings and his foster father; . the child waved a fork at the foster mother, and attempted to stab her; . the foster parents are overwhelmed with the child’s behaviour and fear for the security of the children living in their home; . the child attends A School, where his behaviour is also considered to be problematic; . the child fights with his peers; . the child is unable to complete work in class or his homework;

. approximately three weeks ago, the child threw a chair at a school staff; • On March 7, 2013, immediate protective measures were invoked and the child was placed in a rehabilitation centre; • The father has not visited nor contacted the child since 2009; • Although the mother initially attended her monthly supervised visits with the child, she last saw him on July 2, 2011; • The youth protection worker is unable to reach the mother by phone or otherwise. [ 4 ] The Director of Youth Protection recommends that the child be entrusted to a rehabilitation centre for a period of one year with the possibility of integrating a CR[A] intermediate resource when one is identified.

Furthermore, that a social follow-up be provided to the family for the same period. [ 5 ] The parents are not present at the hearing and are of address unknown. The parents have no contact with the child. Under the circumstances, the Court proceeded in the absence of the parents. [ 6 ] The lawyer for the child agrees with the measures recommended by the Director of Youth Protection and considers that they are in X’s best interest. [ 7 ] The Court also heard the testimony of [Social Worker 1], youth worker, and read the reports the Director filed as proof of the child’s situation.

The evidence reveals that the child’s behaviour progressively deteriorated and that he integrated A group home in March 2013. X has had a lot of difficulty integrating to the group home as the other children are quite different from him and at times have commented on his limitations, which further damage is low self esteem. [ 8 ] Steps have been taken for X to integrate a CR[A] intermediate resource and a caregiver has been identified. However, this caregiver is looking for a house through the CR[A] Foundation and the process could take some time.

CR[A] has provided an educator to support the group home staff with X’s behaviours. A request has also been made for X to receive a psychological follow-up. [ 9 ] The child has undergone a number of assessments, including a global need assessment, a psychological evaluation and a psychiatric evaluation. The psychological evaluation concludes that the child suffers from ADHD and that his overall cognitive functioning falls within the borderline range.

The psychiatric evaluation confirms the ADHD and concludes to a global developmental delay with severe receptive and expressive language delays. [ 10 ] Under the circumstances, it is in the child’s best interest to be entrusted to a rehabilitation centre for a period of one year with integration into a CR[A] intermediate resource as soon as one is identified. [ 11 ] The evidence and the admissions made have convinced the Court that the security and development of the child are still compromised. [ 12 ] THEREFORE, THE COURT: [ 13 ] GRANTS the motion; [ 14 ] DECLARES that the security and development of the child, X, are still compromised and orders the following final measures: [ 15 ] ORDERS that the child, X, be entrusted to a rehabilitation centre; [ 16 ] AUTORIZES and STRONGLY RECOMMENDS that the child be integrated in a CR[A] intermediate resource as soon as one is identified; [ 17 ] ORDERS that the frequency and modality of the contacts between the child and his parents be determined by the Director of Youth Protection, including the suspension of said contacts until such time that the parents meet with the Director on a consistent basis and show commitment to the child; [ 18 ] ORDERS that the frequency and modality of the contacts between the child and his foster family be determined by the Director of Youth Protection, including supervision as deemed necessary and taking into consideration the best interest of the child; [ 19 ] ORDERS that the child receive all health care services required by his situation and STRONGLY RECOMMENDS that the child receive counselling; [ 20 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the parents and AUTORIZES the Director of Youth Protection to sign all consents concerning the child required for health, educational, travel and recreational purposes; [ 21 ] ORDERS that the Director of Youth Protection be authorized to apply and sign for a passport for the child, is there is such a need; [ 22 ] ORDERS a person working for A Youth and Family Centres to provide aid, counsel and assistance to the child and the family, the whole for a period of one year; [ 23 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection of A Youth and Family Centres, who shall see that the measures are carried out; [ 24 ] ORDERS the execution of the present order by any peace officer.

Signed July 30, 2013 Ann-Marie Jones, J.C.Q. AMJ/dg Me Sym Davis Counsel for the Director of Youth Protection Me Bernard Sepinwall Counsel for the child Date of hearing: March 27 and July 24, 2013