2016 QCCQ 19613, 2016 QCCQ 19613

Protection de la jeunesse — 1610317 2016 QCCQ 19613 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-027699-131 Date: December 1, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2001 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother (deceased) -and- B , the father The parents JUDGMENT

Section 95- 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of December 1, 2016, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with a Motion for revision of an order rendered by the undersigned, on May 17, 2016, whereby the now fifteen year-old adolescent, X , was entrusted to a rehabilitation center until August 31, 2016, with a reintegration to the care of his father as of May 17, 2016, with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Motion for revision dated August 29, 2016, are as follows: 3.1. up to the end of the school year, the adolescent continued visiting the father on a regular and frequent basis; 3.2. from late June to mid-August, the adolescent attended several two-week sleepaway camp sessions, visiting the father during the weekends in between sessions; 3.3. in mid-August, the adolescent was returned full time to the father’s care; 3.4. the father is unable to maintain the adolescent safely in his care; 3.5. the father has resumed regular and frequent alcohol consumption; 3.6. on August 26, 2016, the social workers for the father’s other child attended the family home and found the father in the presence of his friend C in an advanced state of inebriation; 3.7. the adolescent confirmed that C visits the father regularly and together the two adults consume alcohol to excess; 3.8. on August 26, 2016, the adolescent was returned to [Group Home A], where he had been previously placed for an extended period (reproduced with errors and/or omissions). [ 4 ] The adolescent’s provisional compulsory foster care in a rehabilitation centre was ordered on August 31, 2016 and the hearing on the merits began on September 28, 2016.

[ 5 ] The Director recommended that the child be entrusted to his father on an interim basis given the father’s undertaking to seek services related to alcohol abuse. [ 6 ] The Court followed the Director’s recommendation and the hearing was continued on December 1, 2016. [ 7 ] In light of positive developments in the family’s situation, the Director then recommended that the adolescent remain entrusted to the care of his father, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 8 ] The father, assisted by Me De Vette, admitted most of the alleged facts and consented to the proposed measures. [ 9 ] The adolescent, assisted by Me Flexer, also admitted most of the alleged facts and consented to the proposed measures. [ 10 ] The Director filed Exhibits D-3 and D-4 as evidence: D-3: Court Report, prepared by [Social Worker 1], dated September 22, 2016; D-4: Addundum, prepared by [Social Worker 1], dated November 24, 2016. [ 11 ] The father filed Exhibit P-1 en liasse: P-1: Drug test results and AA meeting attendance sheet. [ 12 ] In

summary, the evidence establishes that the father has taken concrete steps to remain sober: On October 24, 2016, Ms. Theoret [a counsellor at Foster’s Pavilion] reported that Mr. B had been engaging well in the therapy process. Mr. B had attended the group therapy and individual sessions regularly; and had demonstrated a high level of participation. He had telephoned the therapist as well. Mr. B was offered the opportunity to leave the initial group midway, and advance to the second group; however he chose to complete the full group process and then begin the following one. Mr.

B had reported no alcohol consumption since August 26, 2016. Mr. B had communicated to the therapist that sometimes he drinks too much and this causes problems. Mr. B reported that he no longer socialized with his friend, C. [2] [ 13 ] He has also continued to support his son who is doing very well: X continues to conduct himself well at home, at school and in the community. Mr. B consistently demonstrated a high level of involvement and responsibility in all aspects of X’s life; particularly since the initial placement in a rehabilitation center in December 2014. Mr.

B maintaining a stable home life is vital for X’s stability and emotional development. [3] [ 14 ] The father has clearly demonstrated his commitment to his son’s well-being and is rightfully proud of his achievements. [ 15 ] It will remain important to ensure that he continues to provide his son with a stable, secure environment and that he exercises caution in introducing new parental figures in his son’s life. [ 16 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] 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: [ 19 ] ORDERS that the adolescent be entrusted to the care of his father; [ 20 ] RECOMMENDS that the father continue to engage in his treatment at Foster Pavilion and follow the recommendations being made by his treating professionals; [ 21 ] ORDERS that the father remain sober while in the presence of the adolescent; [ 22 ] ORDERS that the father ensure that the adolescent is appropriately supervised; [ 23 ] RECOMMENDS that the father undergo random drug/alcohol testing at the request of the worker; [ 24 ] STRONGLY RECOMMENDS that the adolescent engage in a therapeutic process as recommended in his Psychological assessment, more particularly that he receive Art therapy for as long as necessary; [ 25 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the adolescent and his family; [ 26 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 27 ] THE WHOLE for a period of one year.

TAYA DI PIETRO, Q.C.J. Me Sym Davis Attorney for the Director of Youth Protection Me Alec Ellis Flexer Attorney for the adolescent Me François De Vette Attorney for the father TD/vl