2017 QCCQ 7811, 2017 QCCQ 7811

Protection de la jeunesse — 173357 2017 QCCQ 7811 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000240-044 DATE: June 12, 2017 ______________________________________________________________________ BY THE HONOURABLE MARIE-CLAUDE BÉLANGER, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], exercising her profession at the Centre intégré de santé et de services sociaux A, having a place of business at [...] in City A, district A, [...] Applicant -and- X, presently residing at the center A, […] in City A, district A, […] Adolescent -and- MRS A, domiciled and residing at [...] in City B, district A, [...] Mother -and- MR B, domiciled and residing at [...] in City C, district A, [...] Father ______________________________________________________________________ JUDGMENT (Sec. 95 (1 and 2) and 75 Y.P.A.) ______________________________________________________________________ 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 ] The Director of Youth Protection asks this Court to review and extend a decision rendered on October 14, 2016, which implemented a draft agreement entrusting the youth to a rehabilitation center for a period of six months with progressive integration in a foster family after a period of four months if the situation allowed it. [ 2 ] The parents, while duly served, were not present at the hearing.

The adolescent was present and represented by a lawyer. [ 3 ] The Director is seeking a six months placement in a rehabilitation center with a progressive reintegration in a foster family if the situation allows it. [ 4 ] The present situation does not raise any litigious issue since the adolescent agrees that his security and development remain endangered and also agrees with the Director’s recommendations. [ 5 ] X’s parents are still consumed by their personal problems and are unable to take care of their son.

The father has been struggling for many years with alcohol and violence issues, having spent part of his adult life in and out of prison. He has not been very present in his son’s life. [ 6 ] The mother continues her battle with drug addiction.

She tries to keep in touch with her son when she is in a good state but the contacts are no longer on a regular basis. [ 7 ] Due to the instability of the parents and their lifestyle, it is very unlikely that the adolescent will be returned in their care. [ 8 ] The only possibility for a stable and secure family environment for X would be to find a foster family willing to welcome him in their home. [ 9 ] Unfortunately, that solution is not possible for now due to X’s behavior and his drug consumption habits. He was caught in possession and using drugs at the rehabilitation center.

He must address this issue and seek the help he needs to put an end to his consumption problem.

[ 10 ] The adolescent is also struggling with behavioral issues in regards to the control of his emotions. He exhibits frustration, throws tantrums, and had occurrences of violent behavior, assaulting an educator and a security officer. [ 11 ] X’s security and development was declared endangered in September 2004. At the time, the judge ordered that he be entrusted to a foster family for a period of six months. He was four years old. [ 12 ] He was in foster care under different orders until 2016. In 2009, a life project was submitted to the Court proposing that he stay with the foster family of C and D.

He was entrusted to the foster family until he reached the age of majority. [ 13 ] He lived with the C family for six years. His behavioral problems brought him back in Court in October 2015. A short placement in a rehabilitation center was ordered to ensure his successful return in is foster family. [ 14 ] Upon his return, his behaviour did not improve resulting in the disengagement of the foster family who felt they could no longer take care of X and his needs. In March 2016, he was entrusted to a rehabilitation for a period of six months which did not rectify the situation.

He was then entrusted to a rehabilitation center for another six months. [ 15 ] X would prefer to live with a foster family. He understands that he must maintain his efforts to control his temper, find tools to better express his emotions and resolve his issues with drug consumption. [ 16 ] He was granted weekend outings in City C at E’s house, at a hockey tournament and at his grandmother’s. He respected the rules and was well behaved. We know he is able to have a good behavior: he must now prove that he can maintain it. [ 17 ] X has faced many hardships.

Those unresolved issues bring hurt and pain, which in turn create or participate in misbehaviors, use of violence, run away attempts, and the need to use drugs to numb the pain and the negative emotions. X must deal with his issues. A life plan must be put in place for him. The worker and her colleagues are actively looking for a family environment known to him and that will keep him close to his culture, such as in City C or City B. At this time, they have not found such a family. [ 18 ] The evidence is preponderant that the security and development of the adolescent are still compromised.

The recommendations concerning the measures are appropriate and in X’s best interest. [ 19 ] Justice Beauchemin concluded her March 2016 judgment by writing: “The Director intends to rewrite a life project for the youth. As the youth continues working on his behavior, the Director will “use the time (…) to evaluate the different homes available for X”. More than a year later, we are at a standstill. The Director must propose a life plan for this adolescent.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the motion; [ 21 ] DECLARES that the security and development of the adolescent X are still endangered; [ 22 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation center for a period of six months with a progressive integration in a foster family if the situation allows it; [ 23 ] ORDERS that the contacts between the parents and the adolescent be supervised by the Director of Youth Protection regarding their frequency and modalities, and the degree of supervision (presence of a third party if judged necessary); [ 24 ] RECOMMENDS , if the situation allows it, that the adolescent be permitted to participate in camping trips this summer, while properly supervised; [ 25 ] STRONGLY RECOMMENDS that the parents get counselling for their drug and alcohol consumption as long as deemed necessary by the professionals; [ 26 ] ORDERS that the parents be sober at all times while in the presence of their son; [ 27 ] ORDERS that the adolescent receives all health services required by his situation; [ 28 ] ORDERS that both parents report at regular intervals, at least every month to the Director of Youth Protection; [ 29 ] STRONGLY RECOMMENDS that both parents accept the exchange of information between all professionals implicated in the family’s life as to their participation in the services offered; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the adolescent and his family for a period of six months; [ 31 ] ORDERS that the police collaborate in the execution of the order if needed; [ 32 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the CISSS A who shall then see that the measures are carried out.

__________________________________ MARIE-CLAUDE BÉLANGER, J.C.Q. M e Julie Lemire Lemire, Gaouette & Martel Centre intégré de santé et de services sociaux Lawyer for the D.Y.P. M e Peggy Warolin Lawyer for the adolescent Date of hearing: May 15, 2017