2010 QCCQ 12192, 2010 QCCQ 12192

Protection de la jeunesse — 101441 2010 QCCQ 12192 JD 2182 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-002853-060 DATE: April 26 th , 2010 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE LINDA DESPOTS ______________________________________________________________________ IN THE MATTER OF : X Born : […], 1998 [SOCIAL WORKER 1] , in her capacity of authorized person by the youth protection director of Les Centres jeunesse A; Declarant -and- A , (deceased); -and- B , (unknown address) ; Parents of the child -and- COMMISSION DES DROITS DE LA PERSONNE ET DES DROITS DE LA JEUNESSE; ______________________________________________________________________ JUDGMENT ______________________________________________________________________ [ 1 ] A motion for revision of a Court decision is submitted to the Court concerning the child X, born on […], 1998.

[ 2 ] In support of the procedure, the Director of youth protection asks the revision of a Court order rendered on November 16 th , 2009. [ 3 ] Since the last Court order, the child remained under the care of Mrs C. [ 4 ] The child has serious behavioral disturbance at home and in school such as he is impulsive and aggressive towards other children. He is oppositional and he intentionally hurt himself on some occasions.

He often threatens to commit suicide. [ 5 ] Due to is behavioral problems, the actual school is not able to offer the services as required by the child and accept the child in school only part time since January 5 th , 2010. The school made arrangement for the child to attend a specialized school, but the father refuses to sign the authorizations. [ 6 ] On February 18 th , 2010, the child tried to commit suicide.

Mrs C feels that she can not provide all the help the child needs and ask for his transfer. [ 7 ] At the time of the motion, the father was still in jail and had only few contacts with the child. [ 8 ] On March 3 rd , 2010, the Court granted the Director's motion to entrust the child to a rehabilitation center. [ 9 ] The child has learning delays in a lot of academic subjects. He has a lot of difficulties when it comes to writing, reading and doing maths.

His attention span is limited to around 15 minutes and this is probably due to his ADHD (Attention Deficit and Hyperactivity Disorder). [ 10 ] On March 22 nd , 2010, he started at A School. The news from the school staff are really positive; overall the child has appropriate behavior and most of the time, he does is schoolwork. He even had the star of the month of March. The Group A staff told the Director that they are going to hire a tutor to help the child with his academic difficulties. [ 11 ] The child has both a disruptive behavior disorder and an attachment disorder.

First of all, the child's mother death and his inconsistent relationship with his father put him through all kinds of emotions. The child has great difficulties to recognize, decode and express appropriately his feelings and emotions. He has difficulty to accept adult authority and prefers to be the one in control, which leads him to be sometimes arrogant and defiant when responding to rules. He also has really poor social skills. [ 12 ] The father is no longer incarcerated. His presence in the child's life has not always been constant.

However, the father told the Director that he wants to work on the relationship he has with his son and he would like to become a stable and loving figure in his son's life. He has contact with his son and it was a positive one. [ 13 ] The father understands the fact that his son needs special services that only the Group A can provide him. During this period, he would like to create a positive relationship with his son. He also understands that for a while the physical contacts between him and his son would be supervised by a third party.

The Director explained that the third person during the visits with the father could be the grandmother. [ 14 ] The Court considers that the security and development of the child are still in danger because of a serious risk of neglect.

The recommendations of the Director are appropriate and in the interest of the child. [ 15 ] Considering the admissions and after the reading of the report, the Court is satisfied and therefore: [ 16 ] MAINTAINS the present motion; [ 17 ] DECLARES that the security and development of the child X are still in danger; [ 18 ] REVISES the Court order rendered on November 16 th , 2009 ; [ 19 ] ENTRUSTS the situation of the child X to the youth protection director of Les Centres jeunesse A for the execution of the measures for nine months; [ 20 ] ORDERS that the child be entrusted to a rehabilitation center; [ 21 ] ORDERS that the child participates to grief counseling with the father if possible; [ 22 ] ORDERS that the father reports on a periodical basis to the youth protection director on the evolution of the situation; [ 23 ] ORDERS that aid, counsel and assistance be provided to the child and his family; [ 24 ] AUTHORIZES contacts between the father and the child according to an agreement between the parties in the presence of a third party sent identified by youth protection director; [ 25 ] AUTHORIZES contacts between the child and Mrs.

C according to agreement between the parties; [ 26 ] AUTHORIZES contacts between the child and his paternal grandmother, Mrs. D, according to agreement between the parties; [ 27 ] THE WHOLE without costs.

__________________________________ LIN DA DESPOTS, J.C.Q. Me Karine Nantais Procureure de la directrice Me Michel Robert Procureur de l’enfant Me Johanne Leduc Procureure du père Date of hearing: April 26 th , 2010