2021 QCCQ 9686, 2021 QCCQ 9686

Protection de la jeunesse — 215754 2021 QCCQ 9686 COUR OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division »

N° : 505-41-008483-168 DATE : September 9, 2021 ______________________________________________________________________ PRESIDED BY THE HONOURABLE FRANCINE GENDRON ___________________________________________________________________ [SOCIAL WORKER 1], Youth Protection worker duly authorized by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -et- X , born on [...], 2006 Adolescent -et- A , Mother -et- B , Father ______________________________________________________________________ JUDGMENT Article 95 (2) of the Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .) [ 1 ] On January 27, 2021, the Court orders that the adolescent be entrusted to a rehabilitation center until August 31, 2021, that the contacts between the adolescent and his parents continue to be supervised by the Director and that the exercise of certain attributes of the parental authority be withdrawn from the parents. [ 2 ] The Director of Youth Protection (the Director) recommends to extend that Court order for one year. [ 3 ] The parents and the adolescent are in agreement with the Director’s recommendations.

THE SITUATION [ 4 ] Since the last Court order, X remained at the group home A where he has been living since June 23, 2020. This structured environment meets his needs and has allowed him to settle down. [ 5 ] The adolescent feels good there and evolves positively.

X even says that he feels at home at his group home. [ 6 ] Even if his behaviours have improved considerably since he has been living at that resource, X still needs some type of structured supervision like the one at the [group home A] in order to be able to function on a daily basis. [ 7 ] The adolescent still attends an adapted level 2 class at the school A. It is important to underline that X has had a great school year. He developed a good bond with his teacher who has been very involved with him to help him succeed.

It is favorable that the adolescent remains at the same school next year. [ 8 ] X is still medicated for his ADHD. As recommended by the psychologist who performed the evaluation of the adolescent’s intellectual functioning last year, a re-evaluation will be requested soon for him, considering that the gap generally increases with the

age. Let’s remember that the results of this evaluation indicated an intellectual potential at the very low level. [ 9 ] X has been seeing his father once a month with the social worker for an hour and a half. He has been seeing his mother twice a month, also in the presence of the social worker, for an hour and a half. X says that he is always happy to see his parents. [ 10 ] The adolescent and his parents can still count on both maternal and paternal extended family members for support. [ 11 ] In fact, X spends about every other weekend with his maternal aunt C. This allows him to spend time with his cousins.

He also visits his maternal grandmother occasionally and usually spends two weeks in the summer with his paternal family in [province A]. [ 12 ] The parents’ situation still remains the same in that they are unable to meet their child’s needs. [ 13 ] Even if X is developing positively, his rehabilitation needs are still present. Consequently, he needs to continue his work before he can transition to a more normalizing living environment as a foster home. [ 14 ] Considering the above, the Court concludes that the measures reached by the Director are in the best interest of the adolescent.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the present application; [ 16 ] DECLARES that the security and development of the adolescent X are still in danger; [ 17 ] EXTENDS the Court order rendered on January 27, 2021 in the present file; [ 18 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation center; [ 19 ] ORDERS that contact between the adolescent and his parents be following an agreement between the parties in the presence of a third party chosen by the Director; [ 20 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard and their adolescent’s regard to put an end at the situation in which the security and development of the adolescent is in danger; [ 21 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling, and assistance to the adolescent and his family; [ 23 ] WITHDRAWS the exercise of certain attributes of parental authority from the parents and AUTHORIZES the Director of Youth Protection to sign the authorizations required for medical, school, recreational, extra-curricular or travel purposes, including the application for a passport. [ 24 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment; [ 25 ] THE WHOLE for a period of twelve months.

Signed on September 20, 2021 __________________________________ Francine Gendron, J.C.Q. M e Caterine Caron Attorney for the D.Y.P. M e Myriam Couillard-Castonguay Attorney for the adolescent Date of Hearing : September 9, 2021