2014 QCCQ 14229, 2014 QCCQ 14229

Protection de la jeunesse — 142324 2014 QCCQ 14229 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-001547-121 DATE: May 27, 2014 ______________________________________________________________________ BY THE HONOURABLE JEAN-PIERRE GERVAIS, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection of the district A, C.Y.P.C., working in city A APPLICANT and X, residing and domiciled in city A, Québec, district B ADOLESCENTH and A, residing and domiciled in city A, Québec, district B MOTHER and B, residing and domiciled in city A, Québec, district B FATHER ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 applicant is addressing the Court, asking for a review of the decision rendered on March 25, 2013 by the Honourable Jacques Roy, J.C.Q., in the situation of X, born on […], 2000.

The judge had declared that the child’s situation was still compro-mised and ordered a placement in a specialized foster family for a period of one year. [ 2 ] At the hearing, the adolescent and the mother are present and represented, whereas the father is absent and did not appoint a lawyer. [ 3 ] To the measure recommended by the Youth Protection, which is a placement until the age of majority, the young man declared that he would rather be entrusted to one of his cousin’s family. [ 4 ] The mother endorses this suggestion, while admitting she is not in a position where she can offer enough of a structured environment to provide for her son’s needs. [ 5 ] From the evidence, the admissions stated and the exhibits filed in the record, the Court retains the following. [ 6 ] X is a 14-year-old adolescent, originating from the Inuit community of city A. [ 7 ] Youth Protection has been involved in his life for many years, initially because his mother had failed to provide him with appropriate supervision (Section 38 (b) 1 o (iii) YPA). [ 8 ] Since then, the child has been entrusted to different foster families and he is now living with a specialized foster family under the aegis of Broken Arrow. [ 9 ] As for the father, he suffered a stroke many years ago, which caused important brain damage.

Therefore, it is impossible to consider that he could take an active

part in the supervision and education of his son. [ 10 ] It is also important to underline the fact that the adolescent takes, on a regular basis, a medication that was prescribed for his attention deficit and hyperactivity disorder, following a medical recommendation. [ 11 ] It appears that the young man is particularly fiery and has difficulties controlling his temper and social abilities. [ 12 ] In the past, he was having behavioural issues and demonstrating a particularly aggressive attitude, especially when unable to manage a difficult situation. He could then explode and become violent towards the people surrounding him.

[ 13 ] It is in these circumstances that an incident happened at school last year, on which occasion he physically abused his teacher. [ 14 ] He has been entrusted to Ms C and Mr D, a specialized foster family supervised by Broken Arrow Residential Treatment Services, for over three years now. [ 15 ] All the interveners agree that the situation has improved, yet the adolescent still needs a lot of structure, stability and support.

Therefore, it is undeniably desirable that he continues to evolve within a family that provide for his particular needs. [ 16 ] It was relevant to investigate if the suggestion brought up by the young man himself, as to being confided to his cousin's family, could meet this criteria and answer to his special needs. It does not appear to be the case. [ 17 ] The cousin that was mentioned by the young man in only 13 years old and he is also struggling within a challenging family environment.

Given the problems they are facing, there is no way they could care for a child with special needs. [ 18 ] The situation being what it is, there's no doubt that the parents will not be able to take care of X and offer him the environment he requires in order to grow and evolve properly, not now or in the near future. [ 19 ] Furthermore, his current foster family still wants to care for him and proves to be the best long-term option.

The adolescent feels at ease with them and will continue to acquire social abilities and to grow up with trust, security and love around him. [ 20 ] As the proof reveals that he developed a strong attachment bond with his foster parents, there is all the more reason for the Court to follow the applicant’s recommendation. FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the motion; [ 22 ] REVISES the decision rendered on March 25, 2013; [ 23 ] DECLARES that the security and development of X, born on […] , 2000, are still in danger according to

Section 38 YPA; [ 24 ] ORDERS that the adolescent be entrusted to the specialized foster family of C and D until he reaches the age of majority; [ 25 ] ORDERS that the director see that the adolescent, his parents and his foster family receive aid, counselling and assistance for the same period; [ 26 ] ORDERS that the contacts between the adolescent and his family be determined by the director; [ 27 ] ORDERS any peace officer to collaborate in the execution of the present judgement; [ 28 ] ENTRUSTS the situation of X to the director who shall then see that the measure is carried out. __________________________________ Jean-Pierre Gervais, J.C.Q.

M e Camille Provencher Cain Lamarre Casgrain Wells Attorney for the applicant M e Cassandra Neptune Centre communautaire juridique A Attorney for the adolescent M e Angèle Tommasel Attorney for the mother Date of hearing: April 23 rd , 2014