2011 QCCQ 2420, 2011 QCCQ 2420

Protection de la jeunesse — 1182 2011 QCCQ 2420 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC [...] Youth Court Division N°: 525-41-020566-089 Date: January 11, 2011 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on […] , 1994 [SOCIAL WORKER 1], duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents -and- LA COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE Mise-en-cause JUDGMENT

Section 95-95.1 of the Youth Protection Act (L.R.Q., C.P-34.1) [ 1 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of January 11, 2011, in accordance with the requirements of

section 90 of the Youth Protection Act . [ 2 ] The Court was presented with an application for extension of an order rendered by the undersigned, on March 15, 2010, whereby the now sixteen year-old adolescent, X , was entrusted to a foster family with aid, counsel and assistance, as well as additional corrective measures, for one year. [ 3 ] The facts alleged in support of the motion are as follows: 3.1 the child remained in the foster family of his maternal aunt C, in town A; 3.2 the child's overall situation has been stable in town A and the aunt has reported that the child is doing well; 3.3 social services involvement in town A is ongoing; 3.4 on March 26, 2010 the delegate attended a meeting at the parents' home in order to complete an intervention plan; 3.5 on this occasion, the father became verbally abusive and volatile stating he was no longer willing to collaborate with the Director of Youth Protection Intervention; 3.6 since then, the parents have refused all contact with Batshaw and have refused to collaborate with any intervention; 3.7 the adolescent expresses his wish to return to town B and resume living with his parents;

3.8 at this juncture, the parents' situation is unknown to the Director of Youth Protection; 3.9 issues of the parents' substance abuse and conjugal conflict which led to youth protection involvement remain an ongoing concern, impeding the child's return home at this point in time (reproduced with errors and/or omissions). [ 4 ] However, in light of considerable changes since the filing of the motion in July 2010, the Director recommends that the adolescent be entrusted to his parents' care, 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, expressed their happiness to have their son return to their care, consented to the proposed measures and agreed to fully collaborate with the social follow-up. [ 6 ] The adolescent, assisted by Me Fafard, also consented to the proposed measures.

Me Fafard commented very favourably on the current worker's assistance and recommended that he remain involved with the family, if possible. [ 7 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Court Report, prepared by [social worker 2], dated August 16, 2010; D-2: Addendum, prepared by [social worker 1], dated December 15, 2010. [ 8 ] In

summary, the evidence establishes significant changes since the motion was filed in July 2010. [ 9 ] As of August 2010, X became very eager to return to town B and reportedly even claimed that "even if he could not live with his parents he would rather be in foster care in town B than remain up north". [1] [ 10 ] Although he also expressed certain concerns and some ambivalence about returning to town B, he described living in dire conditions with his aunt: […] he complained strongly about his aunt saying that she exploits him and won't buy him any of the things he needs.

He alleged that often there isn't enough food in the house and his aunt expects him to babysit for the other foster children who live there.

He wanted the DYP to find him another foster home. [2] [ 11 ] In November, the Director of Youth Protection delegate in town B received confirmation from the Director of Youth Protection in town A that the situation there was problematic in X's foster home and recommended his return to town B. [ 12 ] On December 17, 2010, the adolescent was provisionally entrusted to his parents. [ 13 ] Prior to the hearing on the merits, the delegate was able to visit the parents' home, see the family and confirm the parents' sobriety through random tests which yielded negative results. [ 14 ] He also reported that the parents seemed very happy to have their son back and have been cooperative in every way. [ 15 ] Consequently, it would appear that the parents have maintained the gains established at the hearing of March 15, 2010, and that their subsequent refusal to collaborate with social services stemmed from their disagreement with their son remaining in town A, based upon fears and concerns that turned out to be fully warranted. [ 16 ] The Director of Youth Protection will be of assistance in helping the adolescent readjust to life with his parents and ensuring his enrolment and attendance at school. [ 17 ] Under the circumstances, given the admissions and the consent expressed, the Court is satisfied that the motion is well- founded and that the recommendations are in the adolescent's interest. [ 18 ] THEREFORE, THE COURT: [ 19 ] GRANTS the motion; [ 20 ] DECLARES that the security and development of the adolescent, X , remain compromised 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: [ 21 ] ENTRUSTS the adolescent to his parents; [ 22 ] ORDERS that the adolescent and his parents collaborate with the Director of Youth Protection; [ 23 ] AUTHORIZES the Director of Youth Protection to have access to the parents' residence for announced and unannounced visits; [ 24 ] ORDERS that the parents submit to random drug testing; [ 25 ] TAKES JUDICIAL NOTICE of their consent to do so; [ 26 ] ORDERS that the parents refrain from exposing the adolescent to any type of verbal or physical violence;

[ 27 ] AUTHORIZES the Director of Youth Protection to communicate with professionals involved with the adolescent or his parents; [ 28 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family; [ 29 ] RECOMMENDS that [social worker 1] remain involved with the family, if possible; [ 30 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 31 ] THE WHOLE for a period of one year. TAYA DI PIETRO, Q.C.J.

Me Isabelle LORANGER / AI0942 Attorney for the Director of Youth Protection Me Alec FAFARD / AF7221 Attorney for the adolescent Judgment rendered verbally on January 11, 2011 . TD/md