2012 QCCQ 19063, 2012 QCCQ 19063

Protection de la jeunesse — 128180 2012 QCCQ 19063 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000336-073 DATE: August 24, 2012 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ MRS [SOCIAL WORKER 1], authorized by the substitute of the Director of Youth Protection, exercising her profession at the Centre jeunesse A, having a place of business at […] City A, district A, […] Petitioner -and- X, presently hosted at […] City B, province A, […] Child -and- MRS A, domiciled and residing at […] City C, district A, […] Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] After filing a motion asking the Court to maintain the security and development of X, born on […], 2000, in danger, the parties submitted to this Court a draft agreement on the measures to put an end to the situation that compromises the security and the development of the child. [ 2 ] All parties were present.

The draft agreement states that the consent of the parties was given in a free and enlightened manner and was verified by the Court at the hearing. [ 3 ] X is a twelve-year-old child diagnosed with an attention deficit hyperactivity disorder, foetal alcohol syndrome and speech impairment as well as with an oppositional defiant disorder. He has a long history of problems of anger outbursts and struggles with learning difficulties. [ 4 ] After being placed in different rehabilitation centers and foster families, without much success, X was entrusted to the A center in February 2011.

His stay at that residence, which is in fact a group home environment, has permitted him to make significant gains in some areas of his life. For example, his social skills have improved, as he is involved in a local scouts troop and enjoys swimming classes. Moreover, he is attending school on a daily basis and he is experiencing some academic success. [ 5 ] The child still struggles with anger management issues, sometimes at the slightest annoyance. He then becomes irrational having little regard for others around him and can become aggressive.

This aspect of his life remains a challenge. [ 6 ] His stay at the A center allows X to benefit from a weekly psychotherapy as well as a regular follow-up with a psychiatrist.

He also receives services from an individual native worker aimed at keeping him in touch with his native roots and culture. [ 7 ] In light of these facts and the ones set out in the draft agreement, the proposed measures are the following: 3.1 That the child be entrusted to Mr Peter Ladd, responsible of the A center; 3.2 That X's visits with his family are allowed to take place in a foster family; 3.3 That the child and his mother take an active

part in the participation of any measures; 3.4 That all the contacts with the mother as well as with other members of the family, be supervised according to the frequency and conditions determined by the DYP; 3.5 That a person who is working for an institution or body, provides aid, counselling or assistance to the child and his family; 3.6 That all the health services required for his condition be provided;

3.7 That the professionals involved in the file, be permitted to exchange information; 3.8 That the child not be in contact with Mr B, unless the child strongly request it, and only if the DYP evaluates that it will be in the best interest of the child; 3.9a) Entrust the child's situation to the DYP for the enforcement of this order; 3.9b) Orders any police body to collaborate for the enforcement of this order; 3.10 All these measures are until the child reaches majority; [ 8 ] After many changes of placements and thus uncertainty as to his long term living conditions, the child feels at home at the A Residence and wishes to continue to evolve there.

All parties agree that the child could not live with his mother.

The Court strongly feels that X's personal history and struggles command that he stays at the Arden Residence which is obviously best suited to answer his educational as well as his emotional needs. [ 9 ] Accordingly, the Court is of the opinion that the measures are likely to put an end to the situation and respect the rights and the interest of the child. [ 10 ] FOR THE REASONS, THE COURT: [ 11 ] ORDERS the implementation of the measures mentioned in the draft agreement signed by the parties on August 21, 2012. __________________________________ NANCY McKENNA, J.C.Q.

M e Julie Lemire Lemire, Gaouette & Martel Centre jeunesse A Lawyer for the DYP M e Sébastien Lebel Lawyer for the child Date of hearing: August 21, 2012