2018 QCCQ 20699, 2018 QCCQ 20699

Protection de la jeunesse — 1811494 2018 QCCQ 20699 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-031445-166 DATE : December 10, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2002 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to revise and extend the order rendered on March 28, 2017, entrusting the adolescent to his paternal grandmother with a social follow-up for a year. [ 2 ] At the time of the application, the Director alleged that the adolescent continued to exhibit challenging behaviours both in school and in his grandmother’s home.

Initially, an extension of the previous entrustment order was sought along with the continuation of support services. [ 3 ] During the course of the hearing that lasted over seven months, the relationship between the grandmother and the adolescent broke down, leading to a series of interim measures that included a rehabilitation centre placement. [ 4 ] Although the grandmother has maintained her commitment to offering the adolescent a home, the adolescent has consistently rejected such a plan. [ 5 ] Meanwhile, the mother has recently succeeded in stabilizing her lifestyle and reintegration to her home has subsequently become a feasible option in the short term future.

For this reason, the Director is asking the court to extend the adolescent’s placement in a rehabilitation centre for a period of nine months with the authorization to begin gradual reintegration after three months. A social follow-up of one year along with other corrective measures is also requested. [ 6 ] Both the mother and the adolescent admit the continued state of endangerment and consent to the measures proposed. [ 7 ] The father maintains his opposition to the plan, arguing that the mother is unable to provide the structure that the adolescent requires.

In his opinion, the mother offers the adolescent too much freedom, thereby contributing to his difficult behaviour. He asks that the adolescent be entrusted to him or to the paternal grandmother. The Situation [ 8 ] In accordance with the last judgment, the adolescent remained in the care of his paternal grandmother. Over the course of the following year, the adolescent’s behaviour remained difficult. [ 9 ] At school, he struggled to contain his anger and was often rude and oppositional in class. His difficult behaviour led to multiple suspensions and eventually an expulsion despite the support services in place.

[ 10 ] At home, the grandmother was faced with similar behavioural difficulties and at times, questioned her capacity to maintain her commitment. His inability to follow rules and his general resistance to her authority made the situation unmanageable. [ 11 ] The services of an educator were put into place in order to help the grandmother cope with the adolescent’s behaviour and to help the adolescent make changes, with minimal success however. [ 12 ] By the end of the prior order and before the start of the hearing on the application, the adolescent was asking to be removed from the grandmother’s care.

Although he doesn’t question her love for him, he affirms that he has been made to feel like the black sheep of the family. Her lack of trust in him has greatly impacted their relationship. [ 13 ] During this period of time, the family dynamics remained complicated. Although the father maintained consistent contact with his son, the adolescent complained that the quality of their relationship was lacking. He expressed that his father had little time for him and that communication was an issue. [ 14 ] At the same time, the mother was highly unreliable with the [organization A] visits initially scheduled.

Considering the impact of her inconsistency, the visits were subsequently cancelled until a meeting with the worker could be held to clarify expectations. [ 15 ] Meanwhile, the adolescent faced charges of sexual assault pertaining to the abuse of his half-siblings for the events described in the prior judgment.

Following a finding of guilt, contact with his younger siblings has been prohibited for a period of eighteen months. [ 16 ] At the first date of the hearing on the current application, the Director asked for an interim placement in a rehabilitation centre considering the breakdown of the relationship with the grandmother. The purpose of the interim measure was to allow the Director time to determine an alternative plan while allowing the youth to stabilize his situation in a structured environment. [ 17 ] Two potential resources were identified and assessed as possible foster families.

For different reasons, their candidacy was eventually refused. [ 18 ] During the delay required for conducting the assessments, the adolescent’s behaviour deteriorated in placement, becoming progressively defiant. The adolescent’s emotional state also took a toll, leading to incidents and expressions of a suicidal nature. When faced with opposition, the adolescent is also prone to outbursts of an aggressive nature. [ 19 ] The adolescent’s relationship with his father remains difficult and contact has diminished.

Although the father continues to be invested in his son’s development, their opposing points of view have strained communication between them. [ 20 ] Until recently, the adolescent had consistently refused to participate in a psychological assessment. Moreover, he had frequently denied the need for anger management services despite the lack of control established by the evidence. [ 21 ] Over the course of his interim placement however, he has come to acknowledge the usefulness of the assessment [1] and has participated willingly.

The completed psychological report underlines the adolescent’s emotional distress while providing a thorough assessment of the risks that he faces. The author provides multiple recommendations that can be integrated into a comprehensive treatment plan. [ 22 ] Although the adolescent’s behaviour in the group home remains unpredictable at this time, his behaviour in the community has significantly improved.

He is currently employed at a local fast food chain and he continues to attend school. [ 23 ] Meanwhile, the mother has been gradually stabilizing her lifestyle and her cooperation with the Director has significantly improved. The adolescent has benefitted from visits to the mother’s home on a regular basis during which time he has been relatively compliant with the rules and boundaries. Analysis and Conclusion [ 24 ] The adolescent’s situation continues to be fragile and his behavioural issues remain challenging.

Nevertheless, he has demonstrated a willingness to examine his issues in order to understand and rectify his behaviour. [ 25 ] The plan to reintegrate to his mother’s home over the course of the next few months is feasible. That being said, the court reminds both the mother and the adolescent that the current plan is entirely dependent upon their capacity to maintain efforts towards rehabilitation.

Among other services, therapeutic intervention is essential and the court invites the adolescent to fully invest in such a process. [ 26 ] The court also reminds the Director that the psychological assessment offers valuable information as well as recommendations that must be implemented, where possible, in order to enhance the likelihood of a successful intervention. [ 27 ] Although the court is sensitive to the father’s concerns, the options he suggests cannot be considered. The relationship between the grandmother and the adolescent has yet to be repaired.

Considering the extent of their difficulties, which includes a significant lack of trust, the grandmother is no longer in a position to provide the adolescent with a secure and stable environment. [ 28 ] Although the court does not question the father’s desire to personally assume responsibility for his son, the nature of their relationship is too fragile to make this a viable option.

Moreover, the adolescent’s opposition to such a plan is a significant obstacle to successfully achieving the objectives put forth by the Director. [ 29 ] Considering the evidence as a whole, the court concludes that the needs of the adolescent are best met by the measures proposed by the Director. [ 30 ] UNDER THE CIRCUMSTANCES, THE COURT:

[ 31 ] GRANTS the motion; [ 32 ] DECLARES that the security and development of the adolescent remain endangered; [ 33 ] ORDERS that the adolescent remain entrusted to a rehabilitation center for a period of nine months; [ 34 ] TAKES JUDICIAL NOTICE that the mother’s home will be assessed for a possible entrustment; [ 35 ] AUTHORIZES reintegration into the mother’s home after three months if the assessment is positive and that the situation so allows; [ 36 ] ORDERS that the frequency and modality of contacts between the adolescent and his father be determined by the Director, taking into consideration the wishes of the adolescent; [ 37 ] Until such time as the adolescent is entrusted to the care of his mother, ORDERS that the frequency and modality of contacts between the adolescent and his mother be determined by the Director; [ 38 ] STRONGLY RECOMMENDS that the adolescent follow through with the recommendations of the psychological assessment conducted by Ms Reida Real Reyes [ 39 ] ORDERS the Director to organize meetings between the adolescent and Ms Real Reyes as well as the mother and Ms Real Reyes for an explanation of the assessment; [ 40 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and to the adolescent and his family assistance [ 41 ] ENTRUSTS the situation of the adolescent X to the Director of Youth protection A, who shall then see that the measures are carried out; [ 42 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On December 20, 2018 __________________________________ KAREN OHAYON, J.C.Q. Me Christine Waldvogel Attorney for the D.Y.P. Me Younes Ameur Attorney for the adolescent Date of hearing: December 10, 2018 KO/lf