2016 QCCQ 6516, 2016 QCCQ 6516

Protection de la jeunesse — 162725 2016 QCCQ 6516 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 635-41-000528-130 DATE: May 2 nd 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2001 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town A , Quebec, district A Mother and B , residing and domiciled in Town A, Quebec, district A Father ______________________________________________________________________ JUDGMENT (

Section 95 Youth Protection Act , R.S.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 Director of Youth Protection asks the Court to review the decisions made on November 10 th 2015 concerning X. [ 2 ] The Court proceeded in the presence of the child and his parents on May 2 nd 2016 in Town B. [ 3 ] They admitted most of the alleged facts. [ 4 ] The Director asks that the child remain in a group home until the end of November 2016, allowing a family reintegration at the end of June 2016. [ 5 ] The child wants to stay in Town B where his group home is located.

He does not want to go back with his parents at the end of the school year. He would like to live in a foster home in Town B after the end of school in June 2016. [ 6 ] The parents want the child with them in Town A. [ 7 ] The child is now 15 years old.

He has not lived with his parents for the last three and a half years. [ 8 ] He is very proud of his success in school and feels empowered with his own decisions and future. [ 9 ] The parents state that he is only 15 years old and he cannot make all his decisions by himself. [ 10 ] The child has made very good progress since he was entrusted in a rehabilitation centre. He no longer needs the structure of a group home. [ 11 ] On their part, the parents have made real progress.

There are no longer police interventions in the home for conjugal violence. [ 12 ] The parents no longer drink alcohol but consume marijuana. They report that their marijuana consumption has decreased.

[ 13 ] Ms [Social Worker 1], the social worker, testified in Court on May 2 nd 2016.

She was really surprised to hear that the adolescent did not want to go back home with his parents. [ 14 ] The child has visited his parents during the spring break in March and everything went well. [ 15 ] The child and the parents are in communication almost every day and the project of his returning home after the school year had always been agreed upon. [ 16 ] The hesitation presented by the child can be comprehended since he has not lived with his parents on a daily basis since he was 11 years old. [ 17 ] He has made real progress and his parents have regained stability and better ways of addressing their parental role. [ 18 ] The available proof does not sustain the fact that the child should be maintained in a rehabilitation center even in a less structured unit such as a group home. [ 19 ] The child’s future is now within his family with the support of an external educator.

FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the motion; [ 21 ] DECLARES that the security and development of the child, X, are still in danger; [ 22 ] REVISES and EXTENDS the decisions rendered on November 10 th 2015; [ 23 ] ORDERS that the child be entrusted to an institution operating a rehabilitation center chosen by the institution operating a child and youth protection centre until June 30 th 2016 after which time, the child will be entrusted to his parents; [ 24 ] ORDERS that the parents take an active

part in the application of the measures; [ 25 ] ORDERS that the child and the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 26 ] ORDERS that the child and the family receive the services of an external educator for the period deemed necessary by the professionals; [ 27 ] ORDERS that the parents refrain from consuming alcohol or smoking marijuana in the presence of the child; [ 28 ] ORDERS that the parents refrain from any form of aggression or violence (whether verbal, physical or emotional) in the presence of the child; [ 29 ] ORDERS that the child refrain from smoking marijuana; [ 30 ] RECOMMENDS that the parent seek help through social services (CLSC) concerning their alcohol, drugs, anger management and relationship issues; [ 31 ] ORDERS that the child receive support from the group home staff and external educator regarding his marijuana consumption; [ 32 ] ORDERS that the contacts between the child and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 33 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 34 ] ORDERS the police to collaborate to the execution of the enactment; [ 35 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 36 ] THE WHOLE until November 30 th 2016 except for the placement in a rehabilitation centre which is ordered until June 30 th 2016. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Geneviève Apollon, Attorney for the applicant Mtre Marie-Claude De Gagné, Attorney for the child Mtre Angèle Tommasel, Attorney for the mother Mtre Nicolas Welt, Attorney for the father