2011 QCCQ 9630, 2011 QCCQ 9630

Protection de la jeunesse — 112900 2011 QCCQ 9630 JS0899 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] Youth Division No: 505-41-005629-094 DATE: March 10, 2011 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE SAINTONGE ______________________________________________________________________ IN THE MATTER OF THE CHILD : X Born on […], 1995 [SOCIAL WORKER 1] Youth protection worker duly authorized by the Director of Youth Protection Petitioner and A Father of the child and Commission des droits de la personne et droits de la jeunesse ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] The present document is the written version of the decision the Court rendered from the bench on March 10, 2011. [ 2 ] The Court is seized of a motion for extension of the May 6, 2009 order concerning the child X, born on […], 1995.

At that time, the child was entrusted in a rehabilitation centre with supportive measures for him and his family until June 23 rd , 2010. [ 3 ] At the hearing of December 15, 2010, the social worker acting for the Director of Youth Protection is present with his attorney, the child is also present with his attorney and the father is absent but represented by his attorney. [ 4 ] The Director of Youth Protection is asking the extension of the last Court decision for the following reasons. Since the last Court order, the child has resided in a group home. The child has followed rules and attend school regularly.

In the course of the last year, the child has been referred to the mental health team for psychological counselling, at the CLSC A. The child is confused whether he will return to live with his father. The child's father has been in contact with the delegate but has visited his son on a few occasions. The child's psychologist states that he could benefit from a therapy but he is not emotionally available at this time.

The child's situation required an independent life project. [ 5 ] The Director's attorney specifies the measures sought in the motion, namely that the child be entrusted to a rehabilitation centre until June 30, 2011 and after this date, that the child be entrusted to a foster family with supportive measures for a period of one year. [ 6 ] The following reports are filed, by the attorney of the petitioner, with the consent of the parties : D-2 : a Court report dated June 9, 2010 and signed by Mr [Social Worker 1] ; D-3 : a Court report dated December 7, 2010 and signed by Mr [Social Worker 1]; D-4 : a psychological report of the child dated May 18, 2010 and signed by Mrs Heidi Beakes. [ 7 ] The child, by his attorney, admits all the allegations contained in the motion.

The child doesn't want to live in a foyer de groupe and asks the Court to be entrusted to a foster family immediately for a period of one year.

[ 8 ] In the name of the father his attorney admits all the allegations contained in the motion.

The father respects the decision of his son but on the other hand, he declares to be in agreement with the measures proposed of the Director. [ 9 ] The Court receives the testimony of the social worker and of the child X. [ 10 ] Given the admissions by the parties and the content of the reports filed, the Court is satisfied with the evidence adduced, which shows that the security and the development of the child are still in danger and postpones the continuation of the hearing to next February 15, 2011 for the final measures.

Until that date, the Court orders the following intermediate measures : that the child be entrusted to a rehabilitation centre, taking act that the child is presently entrusted in a foyer de groupe in Town A, that measures of aid, counselling or assistance be provided to the child and his family, that the child receive all health services needed, recommending that the child benefit from a psychological follow-up when he so desires, takes act that the project of the Director is that the child be entrusted a foster family during the present order. [ 11 ] On February 15, 2011, the case was postponed until March 10, 2011 and the Court maintains the status quo until this date. [ 12 ] On this March 10, 2011, the social worker is present with his attorney.

The child is present with his attorney and the father is absent but represented by attorney. [ 13 ] The following documents are filed, by the attorney of the petitioner, with the consent of the parties : D-5 : a Court report dated February 3 rd , 2011 and signed by Mr [Social Worker 1]; D-6 : an email dated March 9, 2011 adressed to Mr [Social Worker 1] from Mrs B. [ 14 ] The search and the efforts of the Director to find X a foster home have not succeeded despite the hard and serious work done by the social worker, M. [Social Worker 1].

At the present moment, the Director proposes that X be maintained in the rehabilitation centre, in his group home at Town A. Until the end of next June with the same measures of support ordered previously. The social worker will continue his search to find the suitable foster home for the needs of X who his in agreement with the proposition.

THEREFORE, THE COURT : [ 15 ] GRANTS the motion ; [ 16 ] DECLARES that the security and the development of the child X are still in danger ; [ 17 ] ORDERS the following measures until June 30, 2011 : ➢ That the child be maintained in a rehabilitation centre, taking act that the child is presently entrusted in a group home in Town A until the end of June ; ➢ That the Director continue his plan to find a foster family in english or french for next June 30 and that measures be taken for the integration of X in foster care by next June 30rd ; ➢ That measures of aid, counselling or assistance be provided to the child and his family ; ➢ That the child participate actively to the measures ; ➢ That the child receive all health services needed and in particularly, that we can restore his psychological needs following ; ➢ That the contacts between the child and his father be authorized ; [ 18 ] TAKES ACT that measures will be taken, with the agreement of X, for his integration in the PQJ program ; [ 19 ] ENTRUSTS the situation of the child to the Director of Youth Protection of Les Centres jeunesse A for the execution of the present measures proposed ; [ 20 ] The whole, without costs. __________________________________ Jean-Pierre Saintonge, j.c.q.

Me Milaine Francoeur Attorney for the petitioner Me Éric Hamel Attorney of the child Me Patrick Cormier Attorney for the father