2017 QCCQ 11768, 2017 QCCQ 11768

Protection de la jeunesse — 175098 2017 QCCQ 11768 COURT OF QUEBEC « Youth division » CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] N° : 610-41-000241-042 DATE : June 28, 2017 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], exercising her profession at the Centre Jeunesse A, having a place of business at [...] in City A, district A, [...]; Applicant -and- X, presently residing at the rehabilitation center A, [...] in City B, district B, [...]; Youth -and- A, domiciled and residing at [...] in City C, district A, [...]; Mother -and- B, domiciled and residing at [...] in City D, district A, [...]; Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] On or around august 2 nd , 2016, The Honourable Renée Lemoine, J.C.Q., rendered a decision in the situation of X, born on [...], 2003, entrusting the adolescent to the foster family of C until June 30, 2017. Since then, the youth, who changed foster families in December 2016, has been displaying several behavioural issues to the point where a temporary placement in a rehabilitation center was required.

In light of the situation, The Director of Youth Protection seizes the Court of a motion under

section 95 of the Youth Protection Act , asking this Court to entrust the adolescent to a rehabilitation center for a period of six months, followed by a reintegration within a foster family. [ 2 ] This day, the youth and the applicant are both present and represented. Both parents are absent, even though they have been personally served by bailiff. Given their lack of involvement in the situation of their son, the Court proceeds in the absence of the parents. [ 3 ] The youth admits some of the allegations reported, but denies that his behaviour and consumption of marijuana is problematic.

He agrees with the measures set forth by the Director or Youth Protection. EVALUATION OF THE SITUATION [1] Following the judgment rendered by the Honourable Renée Lemoine, J.C.Q. on august 2 nd , 2016, the adolescent was entrusted to the foster family of C in City C. [2] In the early fall of 2016, the youth started isolating himself in his room. In October, his school teachers were reporting difficulties with him in regards to following the rules, motivation towards work, and rudeness. [3] In November, the adolescent learned the tragic news that his older brother Y had taken his life.

This incident brought the family together and the youth got a little closer to his mother for a few days. During this time, he was made aware of the extent of his mother’s drug addiction. [ 4 ] After his brother passed away, the adolescent became more and more insistent on returning to live in City D. [ 5 ] In December 2016, the youth was integrated within the foster home of D (former foster mother) and on December 30 th , he began living there on a full time basis. [ 6 ] In the very first week in his new foster family, the adolescent was starting to display opposing behaviour and disobedience to

rules and curfew. Mrs. D started suspecting that he was smoking marijuana. On one occasion, she found him at the skating rink in such a state that he could not walk straight. Based on his behaviour, she believed that his drug consumption habit may have become almost daily. The adolescent also stole 40.00$ from his foster mother. [ 7 ] As the weeks went by, the adolescent’s attitude and behaviour escalated to a point where the foster mother was sleeping on the couch to be able to keep a closer watch on him.

The situation forced the Director of Youth Protection to take an immediate measure and place the adolescent in a Youth Center. [ 8 ] Since March 31 st , the adolescent has been at the Youth Center in City B, where he has not progressed at all. In fact, the educators find that his behaviour has worsened. [ 9 ] Until very recently, the parents had not shown any changes in their life situations or involvement with the youth. [ 10 ] The father lives in City E with his new spouse and their four children. He was contacted on April 19 in order to verify his perception of the situation.

He soon became agitated on the phone and hung up. [ 11 ] The mother’s spouse passed away in February of this year. They both had been living a drug abuse lifestyle. She now lives with her daughter Z and her daughter’s spouse in City C.

ANALYSIS [ 12 ] The educators at the Youth Center report problematic issues that are very similar to those observed within the foster family: opposition, disrespect, rudeness and disobedience to the rules. [ 13 ] In order to assess and treat this negative change in behaviour and also to process the loss of his brother, the adolescent began a psychological follow-up with Ariane Laliberté. He enjoys these meetings and is involved in the process.

It will be possible for him to continue the sessions through internet Skype system when it is not possible to meet in person. [ 14 ] The adolescent has gone through some very difficult times in the past six months. He is still struggling with grief over the death of his brother. He also needs some time away from drugs, and time to stop and reflect on his attitude. [ 15 ] Mrs. D put many efforts in helping the adolescent. She took him back into her home and offered him a very secure and loving environment. He tested her limits until she could no longer keep him in the family setting. However, Mrs.

D is still willing to open her home to X when he is ready to comply with house rules and show more respect towards her. The Court is hopeful that, if the youth utilizes the support provided by the Youth Center, he will be able to be reintegrated in his foster family within a period of 6 months. FOR THESE MOTIVES, THE COURT: [ 16 ] GRANTS the petition; [ 17 ] MAINTAINS that the situation of X, born on [...], 2003, is still compromised as declared in the last judgement; [ 18 ] ORDERS that an organization provide aid, counselling and assistance to the youth, the youth’s parents and Mrs.

D for a period of one year; [ 19 ] ORDERS that for the first six months, the adolescent be entrusted to a rehabilitation centre with a progressive integration within the foster family and in the care of Mrs.

D, where he will continue to stay for the duration of these measures; [ 20 ] AUTHORIZES the Director of Youth Protection to enroll X in a program; [ 21 ] ORDERS that the contacts between the child and his parents be supervised by the Director of Youth Protection as for the modalities, the frequency and the length, and in the presence of a third party if deemed necessary; [ 22 ] ORDERS both parents not to consume any drugs or alcohol in the presence of their child; [ 23 ] ORDERS that X pursue his psychological follow-up for as long as deemed necessary by the professional; [ 24 ] ORDERS that the parents and X accept the exchange of information between all the professionals involved in their lives to put an end to the situation in which the security or development of the youth is in danger and the Director of Youth Protection; [ 25 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or in the child’s regard to put an end to the situation in which the security and development of the youth is in danger; [ 26 ] ORDERS that the police force collaborate to the execution of the present order, if deemed necessary; [ 27 ] ORDERS that the situation of the youth be entrusted to the Director of Youth Protection for the purpose of the application of the present measures. __________________________________ Marc E.

Grimard, J.C.Q.

M e Julie Lemire Counsel for the applicant M e Peggy Warolin Counsel for the youth Date of hearing: April 25, 2017