2016 QCCQ 4930, 2016 QCCQ 4930

Protection de la jeunesse — 162955 2016 QCCQ 4930 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] Youth Division No: 525-41-029123-148 DATE : April 28, 2016 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [...], 1999 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING : Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director is asking the Court to revise and extend the previous order entrusting the adolescent to the foster family of C and D for a period of one year. [ 2 ] The Director is proposing that the adolescent remain entrusted to the same foster family for another year with the authorization to reintegrate the mother’s home after nine months along with a social follow-up and other corrective measures. [ 3 ] The mother is absent despite having been served with the motion.

According to the Director, she is currently at school, taking an exam. Nevertheless, she has expressed being in agreement with the conclusions. [ 4 ] The adolescent asks the Court to proceed in the mother’s absence and expresses his consent to the recommendations. The situation [ 5 ] Since the previous order, the adolescent has been progressing well. He continues to engage in a psychological follow-up and takes medication, albeit inconsistently, for his attention deficit hyperactivity disorder. The youth explains that he doesn’t like the side effects of the medication.

However, the foster family has observed improvements in his behaviour when he complies with the prescribed dosage. [ 6 ] His behaviour at home has stabilized although it remains a concern at school and in the community. [ 7 ] The adolescent continues to visit his mother every second week-end.

There are worries regarding his continued aggressive behaviour towards her, using profanity, punching walls and breaking items in the house. [ 8 ] Despite these difficulties, both the mother and the adolescent wish to work towards reintegration. [ 9 ] The services proposed target the adolescent’s personal difficulties as well as the dynamics of his relationship with his mother. [ 10 ] On her end, it is expected that the mother will stabilize her personal situation in order to make herself more available for her son. [ 11 ] Both parties need to work on developing a healthy relationship in order to ensure the success of the reintegration process.

[ 12 ] It should be noted that the foster family remains available to support the adolescent throughout any changes in his situation. All parties acknowledge the important role that they’ve played in his life. [ 13 ] Considering the common position of the parties as well as the content of the Court report, the Court concludes that the security and the development of the adolescent continue to be in danger for the reasons initially declared.

Furthermore, considering as well the adherence of the parties to the Director’s recommendations, the Court concludes that these meet the interest of the adolescent. [ 14 ] CONSIDERING that the recommendations are in the best interest of the adolescent; [ 15 ] THE COURT : [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security or development of the adolescent is still endangered; [ 18 ] ORDERS that the adolescent be entrusted to the foster home of C and D for a period of one year and AUTHORIZES reintegration into the mother's care after a period of nine months; [ 19 ] RECOMMENDS that the adolescent continue participating in therapeutic follow up; [ 20 ] ORDERS that the adolescent refrain from being denigrating and aggressive with his mother; [ 21 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 22 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A May 17, 2016 __________________________________ KAREN OHAYON, J.C.Q. Me Myriam De Blois Attorney for the D.Y.P. Me Alec Fafard Attorney for the adolescent Date of hearing: April 28, 2016