2016 QCCQ 11197, 2016 QCCQ 11197

Protection de la jeunesse — 164594 2016 QCCQ 11197 JA1021 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-003772-045 DATE : May 18, 2016 ______________________________________________________________________ PRESIDED BY JUSTICE JEAN-PIERRE AUTHIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Petitioner -and- X , born on [...], 2003 Adolescent-respondent -and- A Mother-Respondent -and- B Father-Respondent ______________________________________________________________________ J U D G E M E N T Section 95(1) of the 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 Director of Youth Protection (the Director) is requesting the review of the order rendered on May 11 th , 2011 in regards to the adolescent. [ 2 ] Given the evolution of the situation, the Director is requesting his placement in a reception centre until September 2 nd , 2016. [ 3 ] The adolescent agrees with the measures proposed by the Director. [ 4 ] The father agrees to his son’s placement and demands to be permitted to have contacts with him.

[ 5 ] The facts alleged in the motion are barely contested, if contested at all.

It seems that the adolescent’s behaviour is characterized by aggressiveness, especially towards his foster family members. [ 6 ] Over the last months, the adolescent was picking on the family members and was verbally denigrating his siblings. [ 7 ] The adolescent has little respect for authority; his language is abusive, intimidating and threatening towards others. [ 8 ] In terms of education, the adolescent’s report card reveals that attention deficit issues and behaviour are problematic. [ 9 ] The social study filed highlights the adolescent’s low self-esteem. For some reason, he seems ashamed of himself.

He tends to avoid facing his problems.

The Tribunal agrees totally with the social worker when he writes: “(…) At this time gaining a better understanding of any possible physiological and psychological factors which may be contributing to his current state is necessary.” [ 10 ] Given the magnitude of the problems experienced by the adolescent, a psychological follow-up is in place and the adolescent is scheduled to see a paediatrician specialist to assess the attention deficit issues revealed at school. [ 11 ] The mother has had no contacts whatsoever with the adolescent. [ 12 ] The Court does not see any manipulation in the adolescent’s consent to a placement.

First of all, he will be placed in a group home, a structured and monitored environment, not in a summer camp. Moreover, the adolescent admitted that his temporary placement in a reception centre is the most appropriate measure for now. [ 13 ] Although he misses his “family”, he clearly expressed his commitment to change his behaviour.

In his own way, the adolescent is one of a few words. [ 14 ] The Tribunal believes that the reunification with the father will put a bit of pressure on the adolescent, but it is the Tribunal’s opinion that he is expecting his father to shoulder his quest to find some kind of atonement. [ 15 ] Taking into consideration the entered evidence and especially the social worker’s opinion, the Tribunal concludes that the adolescent’s placement is the most appropriate measure and the only one that best suits his interest.

FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and the development of the adolescent X are still in danger; [ 18 ] REVISES the Court order rendered on May 11 th , 2011 by the honourable judge Jean-Pierre Saintonge; [ 19 ] ORDERS that the adolescent be entrusted to a reception center until September 2 nd , 2016; [ 20 ] TAKES JUDICIAL NOTICE that the reception center will be a group home; [ 21 ] ORDERS that the contacts between the adolescent and his foster parents, Mr. and Mrs.

C be upon agreement between the parties; [ 22 ] ORDERS that the adolescent receives all of the healthcare and health services appropriate to his condition, namely a medical follow-up for a possible A.D.H.D., O.D.D. and F.A.S.; [ 23 ] TAKES JUDICIAL NOTICE that the adolescent and the fosters parents are willing to continue meeting with the psychologist whom they have been referred to; [ 24 ] TAKES JUDICIAL NOTICE that the fosters parents agree to continue meeting with a foster care support group and a foster care support worker; [ 25 ] PROHIBITS the contacts between the adolescent and his mother; [ 26 ] ORDERS a social follow-up; [ 27 ] ORDERS that a social follow-up be provided to the adolescent, his family and his foster family; [ 28 ] WITHDRAWS the exercise of certain attributes of parental authority from the mother and AUTHORIZES the father to sign solely, all of the authorizations required for medical, educational, travel, including passport and extra curricular activities at school; [ 29 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection A for the execution of the present judgment; [ 30 ] THE WHOLE until September 2 nd , 2016. ________________________________ Jean-Pierre Authier , J.C.Q.

M tre Karine Nantais Attorney for the Director M tre Nancy Côté Attorney for the adolescent M tre Gisèle Tremblay Attorney for the father Hearing date: May 18, 2016