2018 QCCQ 13497, 2018 QCCQ 13497

Protection de la jeunesse — 184134 2018 QCCQ 13497 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] « Youth Court Division » N°: 525-41-0 29715-158 Date: June 15, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2005 [Social Worker 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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, 11.2.1 and 135 Y.P.A.). [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of June 15, 2018, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on April 27, 2017, whereby the now thirteen year-old child, X , was entrusted to a rehabilitation center with a possible reintegration to his mother’s care in eight months with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Application for extension dated April 26, 2018, are as follows: 3.1. the child has remained entrusted to a rehabilitation center; 3.2. the child has at times been defiant with staff and had conflict with other peers in the group homes; 3.3. in December 2017, the child was expelled from A High School/Step Program for being defiant towards school staff and had issues with peers; 3.4. in January 2018, the child was diagnosed with Attention deficit hyperactivity disorder; 3.5. up until March 1, 2018, the child participated in individual therapy, his therapy will resume as soon as there is a new therapist assigned to his file; 3.6. in March 2018, the child was suspended from B School for not respecting school rules and having aggressive behaviours which included banging and slamming doors; 3.7. the mother has a neurological condition that limits her capacity to care for the child for extended period; 3.8. the mother has had frequent but shorter visits with her son; 3.9. the child visits the father mostly on weekends;

3.10. the father has restrained the child when he has been defiant at least on one occasion; 3.11. the parents agree that the child should remain in a structured environment (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the child remain entrusted to a rehabilitation center, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, assisted by Me Denault, made a general admission regarding the allegations in support of the application and consented to the proposed measures. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, also admitted all the alleged facts and consented to the proposed measures. [ 7 ] The child, assisted by Me Shapiro Knight, admitted most of the alleged facts and consented to the proposed measures. [ 8 ] The Director filed Exhibit D-11 as evidence: D-11: 95 Court Report, written by [social worker 1], dated June 7, 2018. [ 9 ] In

summary, the allegations are admitted and neither parent is in a position to assume full-time care of their son. [ 10 ] The mother’s neurological condition prevents her from spending extended periods of time with her son and visits can no longer include sleepovers. [ 11 ] The father has also had difficulty appropriately managing his son’s behaviors and has undertaken not to use any means of physical discipline with the child. [ 12 ] The child’s placement in a rehabilitation center is the only option available to provide him with the structure and support he requires.

The stated goal is to transfer him to a group home as soon as possible, more particularly so that he may continue his schooling at C High School which is a more appropriate setting for him. [ 13 ] He has specifically requested anger management services and they should be provided as soon as possible to help him cope with the anxiety and disappointments he is experiencing.

Continued psychological counselling is also urgently required. [ 14 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the child's interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and development of the child, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE CHILD'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 17 ] ORDERS that the child remain entrusted to a rehabilitation center; [ 18 ] TAKES JUDICIAL NOTICE that every effort will be made to transfer the child to a group home in the city, as soon as possible, so that he can return to C High School where the principal is willing to re-admit him; [ 19 ] TAKES JUDICIAL NOTICE that the child may attend A camp for a period of four weeks this summer; [ 20 ] STRONGLY ENCOURAGES him to do so; [ 21 ] ORDERS that the child receive services recommended in his psychiatric assessment, more particularly that he benefit from individual therapy TAKING JUDICIAL NOTICE that the child was seeing a psychologist once a week, and ORDERS that he continue to do so for as long as necessary; [ 22 ] TAKES JUDICIAL NOTICE that every effort will be made for him to receive psychological services, as soon as possible, including emergency services during the summer; [ 23 ] STRONGLY RECOMMENDS that the parents seek therapeutic and supportive services in the community (ie.

CLSC); [ 24 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the child and his family; [ 25 ] ENTRUSTS the situation of the child, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 26 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 27 ] THE WHOLE for a period of one year.

Signed on June 21, 2018 TAYA DI PIETRO, Q.C.J. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Judith Ann Shapiro Knight Attorney for the child Me Louise Denault Attorney for the mother TD/vl