2014 QCCQ 20869, 2014 QCCQ 20869

Protection de la jeunesse — 148907 2014 QCCQ 20869 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001177-093 640-41-001180-097 DATE: November 12, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN GRAVEL ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Petitioner -and- X, born on […], 2003 Y, born on […], 1998 Children -and- A Mother -and- B Father ______________________________________________________________________ AMENDED JUDGMENT [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 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection asks the court to review the decisions concerning Y and X [ 2 ] Y was ordered in June 2014 to stay in a foster family. [ 3 ] X last court decision in November 2013 was that he would stay in foster care for a period of one year. [ 4 ] The situation of the two boys are not the same and the facts that justify a revision are different for one and other. [ 5 ] The court enquiry on November 12 th 2014 was done under pressure.

The father was brought from detention and he was scheduled to take a plane back to present very rapidly. [ 6 ] The father and the mother of the two boys were present and agreed with the facts alleged and in the conclusions. X was very sad to see his father detained when he appeared in court. X did not stay in the court room during all the proceedings. His lawyer told us he agreed with the facts and conclusions. [ 7 ] Y was present with his lawyer. He acknowledged the facts presented but wanted to go back in his foster family as soon as possible.

The Director asks that Y be entrusted to a reception center until June 2015 in order to allow his reintegration in his foster family. [ 8 ] The father is detained and is not a ressource for his sons.

[ 9 ] The mother still demonstrates an unstable living style and has serious alcohol problems. [ 10 ] X had some difficulties in his foster family. He had problems respecting house rules. He would be acting out having great problems to show his sad emotions otherwise. He was suspended from school because of his behaviour. [ 11 ] X was doing good at the beginning of his integration in the foster family. In October the foster mother was overwhelmed and asked for another placement. [ 12 ] X integrated a new foster family on October 23 rd and is doing good since.

He is well adapted in school too. [ 13 ] Y is an interesting adolescent who has been through a rough time during his childhood. [ 14 ] He integrated the foster family of C in Town A in February 2014. His sister C integrated the same family in May 2014. [ 15 ] Y had some difficulties to adjust himself at the beginning of his placement. [ 16 ] The C foster family was very dedicated to the child and Y was adapting himself.

Y’s behaviour became out of control at the end of summer 2014. [ 17 ] He was showing outburst of aggressivity at home at school in the presence of policemen and in the hospital where he needed to be contained. [ 18 ] He was entrusted to a structured reception unit on September 17 th .

He is in [organism A] in [center A] since September 24 th . [ 19 ] He has discussed with social workers and he feels he is ready to go back in his foster family. [ 20 ] The foster family of Ms C is ready to continue her implication with Y. [ 21 ] Y asks to go back with that foster family as soon as possible. [ 22 ] The social worker tells us that steps are taken to find a group home near the residence of Ms C. [ 23 ] A long term plan is considered for the benefit of Y. This plan includes the return of the child with his dedicated foster family. [ 24 ] Y cannot go back with his natural family.

He needs a place that will offer him stability and structure until he reaches the age of majority. [ 25 ] A premature return of Y in his foster family could back all his chances to succeed in the reach of his autonomy. [ 26 ] THEREFORE, THE COURT: For X: [ 27 ] GRANTS this motion; [ 28 ] REVISES and EXTENDS the decision or order rendered on November 25, 2013; [ 29 ] DECLARES that the security or the development of the X continues to be in danger; [ 30 ] ORDERS that the X be entrusted to a foster family, chosen by the institution operating a child and youth protection centre; [ 31 ] ORDERS that the X and the child’s parents take an active

part in the application of any of the measures ordered by the tribunal; [ 32 ] ORDERS that the X receive specific health care and health services required by his conditions, notably psychological services and a paediatrician; [ 33 ] ORDERS that the parents remain sober in the presence of the X ; [ 34 ] ORDERS that the parents remain without any violent behaviour in the presence of the X ; [ 35 ] ORDERS that the contacts between the X and the parents be determined by the director as for the modalities, the frequency and the degree of supervision; [ 36 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the X and the child’s family; [ 37 ] ORDERS the police to collaborate to execution of the enactment; For Y [ 38 ] REVISES and EXTENDS the decision or order rendered on June 25, 2014; [ 39 ] DECLARES that the security or the development of the Y continues to be in danger;

[ 40 ] ORDERS that the Y be entrusted to an institution operating a rehabilitation center, chosen by the institution operating a child and youth protection centre; [ 41 ] RECOMMENDS that Y be integrated as soon as possible in a group home near his foster family in Town B; [ 42 ] RECOMMENDS that the relations between Y and the foster family of C be maintained; [ 43 ] AUTHORIZES during the order, until June 2015, the reintegration of Y in his foster family if the situation allows it; [ 44 ] ORDERS that the Y and the child’s parents take an active

part in the application of any of the measures ordered by the tribunal; [ 45 ] ORDERS that the Y receive specific health care and health services required by his conditions, notably psychological services; [ 46 ] ORDERS that the parents remain sober in the presence of the Y ; [ 47 ] ORDERS that the parents remain without any violent behaviour in the presence of the Y ; [ 48 ] ORDERS that the contacts between the Y and the parents be determined by the director as for the modalities, the frequency and the degree of supervision; [ 49 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the Y and the child’s family; [ 50 ] ORDERS the police to collaborate to execution of the enactment; [ 51 ] ENTRUSTS the situation of the children X and Y to the Director of Youth Protection for the execution of the judgment [ 52 ] THE WHOLE until June 19, 2015. __________________________________ JEAN GRAVEL , J.C.Q.

Mtre. Camille Provencher Counsel for the DYP Mtre. Joanie Jacob Counsel for the children Mtre. Marie-Claude De Gagné Counsel for the mother Mtre. Angèle Tommasel Counsel for the father Date of hearing: November 12, 2014