2012 QCCQ 8743, 2012 QCCQ 8743

Protection de la jeunesse — 122478 2012 QCCQ 8743 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 640-41-001008-074 DATE: March 5, 2012 ______________________________________________________________________ BY THE HONOURABLE NANCY McKENNA, J.C.Q. ______________________________________________________________________ SOCIAL WORKER 1 , Youth Protection worker duly authorized by the Director of Youth Protection of the A C.Y.P.C. working in city A Applicant -and- X, residing and domiciled in city A, Quebec, district A Youth -and- A, residing and domiciled in city A, Quebec, district A Mother ______________________________________________________________________ JUDGMENT (Sec. 95 (par. 1) and 75 of the Youth Protection Act) ______________________________________________________________________ [ 1 ] The Court is seized with a petition for the review of a decision according to

section 95 of the Youth Protection Act concerning X, born […] , 1999. [ 2 ] The mother and the youth are both present and represented by their respective lawyers. THE FACTS [ 3 ] On May 12, 2009, Roy J. reviewed a previous judgment concerning X and his other siblings. He maintained that the security and development of all children were in danger due to the mother's addiction to alcohol and her view that she didn't need help in that regard.

Consequently, Roy J. ordered the placement of X in a foster home until his majority. [ 4 ] X lived in the same foster family until October 2011 at which time he began to display serious behavioural problems, not respecting the curfew and was disruptive in school as well as skipping class. Afterwards, the youth was entrusted to several other foster families with the same result: the behavioural problems persisted rendering his stay in a foster family impossible.

This led to a provisional Court order by which the youth was entrusted to a rehabilitation center on December 22, 2011. [ 5 ] The evidence tendered demonstrates that X adapted fairly well to the group home environment. At first, he showed much resistant in the performance of basic tasks and would throw temper tantrums. Once he even ran away from the center. As of now, the youth is more respectful of the group home rules but still breaks down when provoked.

He is now following an anger management program in order to learn to express his limits in a non-aggressive manner. [ 6 ] At school, the youth's behaviour with his peers as well as his learning abilities are a cause for concern. He tends to bully fellow students and on the academic front, he has trouble focussing on the task at hand. A recent pedopsychiatric assessment suggests that his difficulties to concentrate are most likely due to the many changes, which have occurred in his living conditions.

Accordingly, ADHD diagnosis hasn't been confirmed. [ 7 ] The mother still consumes alcohol excessively thus increasing her vulnerability. During the Christmas holidays, she was severely beaten leading to her hospitalization in B . She nevertheless maintained positive contacts with her son during his placement at the group home. [ 8 ] The above-mentioned evidence must be viewed as new facts according to

section 95 of the Youth Protection Act . Consequently, the Court considers that the security and development of X are still in danger and authorizes the review of the decision previously rendered. MEASURES TO REVIEW

[ 9 ] The Director of Youth Protection requests a six-month placement in a rehabilitation centre. The mother agrees with this recommendation. The youth would prefer that the present placement be for a period of four months. [ 10 ] Many foster families known to the D.Y.P. are not ready to care for X, as they feel incapable of providing the structure and authority he needs. [ 11 ] The provisional entrustment of X to a group home has started to show positive results.

However, the youth still needs a structured environment in which he will be able to work on his anger management and his ability to follow basic rules. [ 12 ] It is important to encourage X with the progress he has made thus far and put everything into place to make is reintegration in a foster family a success. A follow-up assessment regarding his learning abilities and attention difficulties will also have to be addressed. [ 13 ] As for X, he must do his part and continue his implication in the re-education program in place at the group home.

Only then will he be able to be re-integrated in a foster family. [ 14 ] Therefore, a six-month placement with reintegration in a foster family for a total period of one year is reasonable. [ 15 ] FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] MAINTAINS that the security and development of X, born […], 1999, remain in danger; [ 18 ] REVISES the ordered rendered in May 2009; [ 19 ] ORDERS that the youth be entrusted to a rehabilitation center for a period of six months with reintegration in a foster family after four months if the situation allows it, for a total period of placement of one year; [ 20 ] ORDERS that X receive the health care services required by his situation more specifically that he further undergoes a pedopsychiatric assessment pertaining to his learning abilities; [ 21 ] ORDERS that access and visiting rights between the youth and the mother be favoured when the latter is sober; [ 22 ] ORDERS that the contacts between the mother and the youth be supervised by the D.Y.P. as to frequency and modalities; [ 23 ] ORDERS that a person working for a body or institution provide aid, counsel and assistance to the youth and his mother for a period of one year; [ 24 ] ORDERS the police to collaborate in the execution of the present judgment; [ 25 ] ENTRUSTS the youth's situation to the Director of Youth Protection for the purpose of executing the measures. __________________________________ NANCY McKENNA, J.C.Q.

M e Robert-André Adam Cain Lamarre Casgrain Wells Lawyer for the D.Y.P. M e Cassandra Neptune Legal Aid C Lawyer for the youth M e Angèle Tommasel Lawyer for the mother Date of hearing: February 14, 2012