2017 QCCQ 9242, 2017 QCCQ 9242

Protection de la jeunesse — 173814 2017 QCCQ 9242 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-007531-140 DATE : June 8 th 2017 ______________________________________________________________________ IN THE PRESENCE OF THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...] 2003 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMEN T Article 95 (2) of the Youth Protection Act ______________________________________________________________________ JM2505 CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 11.2.1 and 135 Y.P.A.]. [ 1 ] T he Director of Youth Protection (the Director) petitions the Court with an Application for Extension of a Court Decision dated April 26 th 2016. [ 2 ] Following this decision, the Court ordered that the child be entrusted to an institution operating a rehabilitation center, until June 28 th 2017. [ 3 ] Today, the Director recommends to extend this Court order until June 30 th 2018. [ 4 ] The parents are absent at Court.

The child agrees with the recommendations for a period of six months and wants to have contacts with his father. [ 5 ] Following the Court order, the child continued to be placed in a group home in Cowansville.

However, his negative behavior continued to escalate to the point that he needed to be transferred to a higher structured unit. [ 6 ] The child is currently at the [unit A] on the [campus A] which is a high structured unit. [ 7 ] From June to November 2016, the child’s situation remained stable and during this period, he spent most weekends at his mother’s home. [ 8 ] On November 6 th 2016, X behaved aggressively at his mother’s home and was verbally abusive. Things escalated at home and he started swearing and yelling.

The mother called for assistance to bring the child back to his unit. [ 9 ] On November 14 th 2016, the child was aggressive and violent at the unit. He also provided a urine sample for another boy in

the unit who had returned from a weekend leave and had used drugs. [ 10 ] On February 2 nd 2017, the group home made a request to send X to a closed unit. He was integrated back into the [unit A] on February 20 th 2017. Since his reintegration, the child’s behavior remains unstable. [ 11 ] Between November 2016 and February 2017, X did not speak to his mother. There were no visits home during this period either. [ 12 ] Since the last Court order, the mother remains the only family member who has regular contacts with the child.

She has verbalised that she would not be able to care for her son full time in the future. However, she is committed to being a presence in his life and to have regular visits when she is able to do so. [ 13 ] The father has not done any follow-up with the assigned worker. He has refused to give his current address, stating that any pertinent information should be sent to the paternal grandparent’s home in City A. The father presently lives in [region A]. He recently gave his new address. [ 14 ] There have been no visits between the father and the child since the last Court order.

X spoke occasionally with him on the phone. [ 15 ] X was referred for a psychological assessment. [ 16 ] The report reveals some diagnostic impressions [1] : Diagnoctic Impressions: X appears to continue to have symptoms consistent with Attention Deficit Hyperactivity Disorder: Inattentive or combined presentation as well as Oppositional Defiant Disorder. He displayed poor judgement and limited planning and executive functioning and, combined with impulsivity, lead him to detrimental life choices. ANALYSIS [ 17 ] The past year has been a very difficult one for X. His behavior has been rather unstable.

The “[unit A]” staff have reported that the child can present as rude, disrespectful, challenging to staff, often testing boundaries and always wants to debate. [ 18 ] The short-term goals for the child includes gaining weekend visits, a move to a lesser structured group home which would include more time in a community, to live a healthy lifestyle and not be engaging in risky behaviors as he has in the past. [ 19 ] Considering that he could no reintegrate his mother’s home, the Director has explored other options for him, such as a foster home which would be well equipped to deal with his behavioral issues.

X is not open to this option. [ 20 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations. The measures proposed are in the best interest of the child. If the situation changes or if the child makes serious gains in the coming months, the Court could revise the present order.

FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the present application; [ 22 ] DECLARES that the security and the development of the child, X, are still in danger; [ 23 ] EXTENDS the Court order rendered on April 26, 2016 in the present file; [ 24 ] ORDERS that the child, X, be entrusted to an institution operating a rehabilitation center; [ 25 ] ORDERS that the contacts between the child, X, and his mother be following agreement between the mother, the child and the DYP; [ 26 ] ORDERS that the contacts between the child, X, and his father be determined with the Director as to the frequency, the modalities and the level of supervision; [ 27 ] ORDERS that the parents present themselves on a regular basis to the Director to inform of their current situation; [ 28 ] ORDERS that the child, X, and his parents take an active

part in the application of the measures ordered; [ 29 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child, X, and his family; [ 30 ] ORDERS that the child, X, report in person at regular intervals to the caseworker to inform her of the current situation; [ 31 ] ORDERS that the child, X, receive certain healthcare and health services, namely therapeutic services; [ 32 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection A for the execution of the judgment; [ 33 ] THE WHOLE until June 30, 2018.

__________________________________ Lyne Morin , J.C.Q. Me Caterine Caron Attorney for the Director Me Nicolas Teasdale-Boivin Attorney for the child Date of the hearing : June 8th 2017