2015 QCCQ 12671, 2015 QCCQ 12671

Protection de la jeunesse — 152513 2015 QCCQ 12671 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000171-022 DATE: July 7, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...] Adolescent -and- A -and- B Parents ______________________________________________________________________ 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 ] At a very young age, the adolescent his removed from his parents’ care and entrusted to a foster family. In 2005, the Court orders that he remains in foster care until he reaches his age of majority.

At the time, the youth is stable, while his parents cope with serious addictions problems. [ 2 ] The director of youth protection (DYP) now asks the Court to revise the previous judgment and to entrust the adolescent to a rehabilitation centre for one year. [ 3 ] The adolescent lived in the same foster family for several years. He develops a very close relationship with his foster mother. Unfortunately, things change, a couple of years ago, when other children come to live with the same foster family. The youth suffers from sharing the affection and care of his foster mother. The relationship deteriorates.

The adolescent becomes rude and disrespectful towards the foster mother. He also shows aggressiveness and behaviour problems. [ 4 ] As things escalate, the DYP has to foresee moving the adolescent to another home. [ 5 ] In his new foster family, the adolescent behaves correctly at first. Soon after, however, problems arise again. [ 6 ] The adolescent refuses to comply with rules. He admits smoking marijuana very often. He sneaks out of the house at night. He was suspended from school for being under the influence of drugs.

While visiting his extended family, he steals money from his mother and his aunt. [ 7 ] Obviously, a family setting is not able to provide, for the time being, the structure that the adolescent requires. [ 8 ] Lately, the adolescent also gets closer to his mother. They see each other more frequently and wish to rebuild their relationship. [ 9 ] The mother’s personal situation has improved. She is not taking drugs anymore. She is on a methadone program which is supposed to come to an end soon. She receives counselling from an addiction worker. She also takes care of her own mother.

The mother expresses that family is her priority now. She meets with the youth protection delegate regarding her son.

[ 10 ] Under those circumstances, the DYP foresees a possibility of the adolescent returning, eventually, to his mother’s care. [ 11 ] Meanwhile, services, and everyone’s involvement will be necessary. [ 12 ] The adolescent has to work on his issues, on both behavioural and emotional levels.

He must learn to respect authority, comply with rules and trust people who are there to help and support him. [ 13 ] Time will tell if there is a real possibility for the adolescent to go back home to his mother, but there is hope. [ 14 ] The petition is well founded and the recommended measures are required by the adolescent’s situation and in his best interest. WHEREFORE, THE COURT: [ 15 ] GRANTS the petition for revision of order; [ 16 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 17 ] ORDERS that the adolescent be entrusted to a rehabilitation center designated by the DYP until July 31, 2016; [ 18 ] ORDERS that visits between the adolescent and his mother are determined by agreement between the parties; [ 19 ] ORDERS that visits between the adolescent and his father are determined by agreement between the parties, including their supervision as long as deemed necessary; [ 20 ] ORDERS that the adolescent benefit from psychological counselling to deal with his personal issues; [ 21 ] ORDERS that the adolescent and his parents receive services of an external educator; [ 22 ] RECOMMENDS that the adolescent receive help for his addictions from an addiction worker and that the adolescent provide random drug testing, upon request; [ 23 ] ORDERS that the adolescent and his parents actively participate in the application of the ordered measures; [ 24 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until July 31, 2016 ; [ 25 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Alexis Deschênes for the adolescent Mrs. A the mother (absent)

Mr. B the father (absent) Date of hearing: July 7, 2015 Written judgment filed on July 17, 2015