2022 QCCQ 8612, 2022 QCCQ 8612

Protection de la jeunesse — 225804 2022 QCCQ 8612 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-020956-082 Date: October 3, 2022 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2008 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of October 3, 2022, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision and extension of an order rendered by the undersigned on November 17, 2021, whereby the now fourteen year-old adolescent, X , was entrusted to a rehabilitation center with a possible reintegration to the confidential foster home of Ms. C and Mr.

D by March 1, 2022, or at the latest by the end of the school year 2021-2022 with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for revision and extension dated June 16, 2022, are as follows: 3.1. the child remains in a rehabilitation centre; 3.2. in February 2022, the adolescent was reintegrated into his foster home; 3.3. on March 21, 2022, the adolescent was AWOL and was found by the police a few hours later and was returned to his previous rehabilitation centre; 3.4. while in placement, the adolescent went AWOL on two other occasions and was found few hours later and returned to the rehabilitation centre; 3.5. the adolescent is expressing a lot of emotional instability and has expressed suicidal ideation on two (2) occasions; 3.6. on March 28, 2022, the adolescent was seen by his psychiatrist; 3.5. the adolescent refuses to process his situation with his psychologist; 3.6. the adolescent has been refusing visits with his foster parents; 3.7. on June 16, 2022, the adolescent was open to have phone calls with his foster parents; 3.8. the adolescent wishes to return to his foster home, but understands that he needs more structure to process his emotions; 3.9. the foster parents are willing to have the adolescent return to their care, but understand that the adolescent requires more structure

before reintegrating their home (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, and given new developments since the date of the application, the Director recommends that the adolescent remain entrusted to a rehabilitation center, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on [...], 2026. [ 5 ] The mother has not seen her son since June 2015. The father’s whereabouts are unknown and he could not be notified of the hearing.

Consequently, the parents remain uninvolved in the adolescent’s life and the Court proceeded in their absence. [ 6 ] The adolescent, assisted by Me Pelletier, admitted most of the alleged facts and agreed to the proposed measures. [ 7 ] The Director filed Exhibit D-8 as evidence: D-8: Court Report, written by [Social Worker 1], dated September 22, 2022. [ 8 ] In

summary, the adolescent “still clearly struggles with self regulation and anger management” [2] , stemming from years of abuse and neglect. [ 9 ] In February 2022, it was also disclosed that he was sexually abused in a previous foster home. [ 10 ] His most recent foster parents have wanted to remain involved in his life yet the adolescent refused to maintain contact with them without any explanations: X’s foster parents, Ms. C and Mr. D have been very much involved since X was entrusted to their care. Ms.

C worked closely with professionals involved, would constantly tell X she loves him and want to remain involved in his situation, and would also remain X, he is not the problem, his behavior is and that is not his (X’

s) fault. Since May 2022, given that X did not want to have contact with his foster parents and would refuse to see them when they went to visit him, Ms. C and Mr. D stated they would like to respect X’s decision not to contact them. Ms. C and Mr. D agreed with the DYP that it would be in X’s best interest if a permanent plan was established and they are aware X might not be returning to their care. Nevertheless, Ms. C and Mr. D are open to having contact with (telephone calls and possibly visits) if X, the DYP and the courts deem necessary. This is because they (Ms. C and Mr.

D) have been involved in X’s life for about five years and believe they have a good connection. [3] [ 11 ] Under the circumstances, given the adolescent’s need for support services and his wish to be placed in a neutral setting, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent’s interest.

THEREFORE, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and development of the adolescent, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT’ S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 14 ] ORDERS that the adolescent remain entrusted to a rehabilitation center; [ 15 ] ORDERS that the contacts between the adolescent and his brother Y be encouraged, taking into consideration their wishes and best interest; [ 16 ] SUSPENDS contacts between the adolescent and his mother, until she demonstrates genuine motivation to become involved in his life; if such contacts resume, ORDERS that the frequency and modality of contacts between the adolescent and his mother be determined by the Director of Youth Protection, taking into consideration the adolescent’s interest and wishes; [ 17 ] TAKES JUDICIAL NOTICE that the mother has not had contact with the adolescent since June 2015; [ 18 ] ORDERS that the mother inform the Director of Youth Protection of any steps taken to improve her situation; [ 19 ] ORDERS that the frequency and modality of contacts between the adolescent and Ms.

C and Mr. D be determined by agreement between them and the Director of Youth Protection; [ 20 ] PROHIBITS contact between the adolescent and his father; [ 21 ] PROHIBITS all contact between the adolescent and all members of his former foster family, including Mrs. E, Mr. F, Ms. G and Mr.

H; [ 22 ] ORDERS that the adolescent receive all health care and therapeutic services required by his situation, including psychological counselling and services to address his personal issues, and to work on his relationship with his brother Y for as long as necessary; [ 23 ] ORDERS that the adolescent benefit from all services recommended in his Trauma and Psychological Assessment; [ 24 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents for the purpose of signing any necessary consents for the adolescent, more particularly regarding health care, educational and extracurricular activities, as well as a driver’s license and travel authorizations, including a passport application, and GRANTS same to the Director of Youth Protection; [ 25 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with treating professionals working with the

family; [ 26 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and his family; [ 27 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 28 ] THE WHOLE until he reaches the age of majority, on [...], 2026. Signed on October 13, 2022 TAYA DI PIETRO, Q.C.J. Me Heidi Lechter Attorney for the Director of Youth Protection Me François Pelletier Attorney for the adolescent TD/vl