2019 QCCQ 18784, 2019 QCCQ 18784

Protection de la jeunesse — 197969 2019 QCCQ 18784 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-034587-188 Date: September 24, 2019 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […], 2003 [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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of September 24, 2019, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned, on November 20, 2018, whereby the now sixteen year-old adolescent, X , was entrusted to a rehabilitation center for a period of four months before being entrusted to her father with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for revision dated November 15, 2018, are as follows: 3.1. the adolescent remains in rehabilitation centre where she is adhering well to the program expectations and also attending school regularly; 3.2.

X continues to receive therapeutic services; 3.3. the placement has helped the adolescent create stability in her life and eased pressure at the family home; 3.4. the adolescent and the parents agree that being in placement has benefited the family; 3.5. the adolescent and the parents think that more work will be required to re-establish trust between the family and to assure a successful reintegration home (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center for a period of four months, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The parents, who chose to proceed without the assistance of legal counsel, admitted all the alleged facts and consented to the proposed measures. [ 6 ] The adolescent, assisted by Me Piriou, also admitted the allegations and consented to the proposed measures. [ 7 ] The Director filed Exhibits D-4 to D-6 as evidence: D-4: Court Report, prepared by [social worker 1], dated April 18, 2019;

D-5: Addendum, prepared by [social worker 1] dated September 11, 2019; D-6: Psycho-educational Assessment completed by Wendy Lewis, dated August 30, 2019. [ 8 ] In

summary, the parties agree that the adolescent’s placement needs to be extended to ensure a successful reintegration to her father’s care. [ 9 ] She has made significant gains: She has been adhering generally well to the program expectations at the group home, her school academic performance has been more consistent and she has been applying other coping mechanisms to avoid self-harming behaviours. [2] [ 10 ] She attended summer camp, had generally positive weekend visits at home and attended weekly counselling sessions to manage her anxiety. [ 11 ] She also benefitted from a psycho-educational assessment that helps to explain some of the challenges she faces and provides recommendations to support her: Behavioural assessment shows significant difficulties related to learning, attention, hyperactivity, conduct problems, behavioural symptoms, and internalizing problems. […] The results of this assessment are indicative of a Specific Learning Disorder with impairment in Reading Comprehension and in Mathematics.

She would benefit from an individualized education plan. [3] […] X needs to experience more successes at school, improve her basic reading comprehension and math skills and use strategies to compensate for her difficulties to help her reach her potential. The focus needs to be on acquiring skills in math for daily functioning. It is imperative that X be provided the services of a Guidance Counsellor to help her plan for realistic career/vocational goals and choices.

X would benefit from being involved in hobbies and other activities to help build her competencies and her social skills. [4] [ 12 ] The family is working with an educator to prepare for the adolescent’s expected return home: The family believes that reintegration is feasible in the short-term and they are working toward that goal. X states that her relationship with her father is improving but still at issue is her overall lack of accountability when she’s in the community.

X reports that she has been improving and wants to demonstrate that she can be trusted to return to her father’s care full time. [5] [ 13 ] It will be important for the adolescent to remain consistent in her efforts: […] X will need to be more accountable in regards to her whereabouts in the community and continue to actively participate in the rehabilitative process. She expresses her commitment to continue working with her parents and workers on her reintegration.

In acknowledgement of this commitment, considering the improvements in her situation and in the hopes of encouraging her to maintain motivation and expressed intentions, the Director is recommending to continue reintegration home, while maintaining a placement order to solidify gains made. [6] [ 14 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent’s interest.

THEREFORE, THE COURT: [ 15 ] GRANTS the application; [ 16 ] 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: [ 17 ] ORDERS that the adolescent remain entrusted to a rehabilitation center for a maximum of four months TAKING JUDICIAL NOTICE that a reintegration to her father’s care has already begun, and, subsequently, ORDERS that the adolescent be entrusted to her father’s care; [ 18 ] ORDERS that the frequency and modality of contacts between the adolescent and her parents be determined by the Director of Youth Protection; [ 19 ] ORDERS that the adolescent respect parental authority, including curfew and house rules; [ 20 ] ORDERS that the adolescent attend school on a daily basis, unless justified by a medical note; [ 21 ] ORDERS that the adolescent receive all the health care services that her situation requires, including psychological counselling for as long as necessary;

[ 22 ] PROHIBITS the adolescent from contacting C; [ 23 ] ORDERS that the family follow through on all recommendations arising from the adolescent’s psycho-educational assessment; [ 24 ] TAKES JUDICIAL NOTICE that the parents will be meeting with the author the psycho-educational assessment shortly; [ 25 ] RECOMMENDS that the adolescent participate in extracurricular activities as recommended in the assessment, “to help build her competencies and her social skills” as soon as possible; [ 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 her 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 for a period of one year.

Signed on October 1, 2019 TAYA DI PIETRO, Q.C.J. Me Edith Zavodni Attorney for the Director of Youth Protection Me Sylvie Piriou Attorney for the adolescent TD/vl