2015 QCCQ 19475, 2015 QCCQ 19475

Protection de la jeunesse — 154702 2015 QCCQ 19475 JL 4031 COURT OF QUÉBEC YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-027955-137 DATE : December 11, 2015 ______________________________________________________________________ IN THE PRESENCE OF : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF YOUTH AND FAMILY CENTERS A Director and X Born on […], 2000 adolescent And A B parents ______________________________________________________________________ J U D G M E N T (FAST TRACK) (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized of a Motion filed pursuant to

Section 95 of the Youth Protection Act, by a person duly mandated by the Director of Youth Protection of Youth and Family Centers A (" the Director" ), to extend an order rendered by the undersigned on November 12, 2014, whereby the child was entrusted to a foster family until August 31 st , 2015, along with other corrective measures, the whole until November 12, 2015; [ 2 ] The Director alleges the following: 3.1. The adolescent remained in the foster home of Mrs.

C until his re-integration back into the mother’s care in August 2015; 3.2. during his time spent in the foster home, the adolescent settled well into his routines and structure of the foster home; 3.3. the adolescent continued to have regular visits with the mother which progressively increased to overnights; 3.4. from December 2014 to March 2015, the adolescent completed a psychological assessment with Dr. Zanni which concluded that the former has a diagnosis of Autism Spectrum, high functioning with normal to average intelligence;

3.5. given the assessment diagnosis, the adolescent was given additional support at school and was put on a waiting list at the CRDI Network (Rehabilitation Center for the Intellectually Handicapped); 3.6. since April 2015, the adolescent has been attending “[…]” workshops, which consists of animal-farm therapy; 3.7. the family continues to meet regularly with an educator who provided support in areas of social skills and practical life skills; 3.8. the mother continues to meet regularly with her psychiatrist to manage her Schizophrenia and is taking her medication as prescribed; 3.9. the mother participated, as well, in a three-month weekly program “Road to Recovery” to address her mental health; 3.10. in September 2015, the adolescent began attending “A” where he would be in a smaller classroom with a modified learning program geared to his level; 3.11. the father has not visited the adolescent, as he reports feeling very ill with both medical and dental problems; 3.12 since the adolescent’s return home, his situation appears stable; 3.13. nonetheless, concerns remain with the family’s complete isolation as the adolescent reports not having any friends and not having any access to media nor social information to connect with the outside world. [ 3 ] Today, the Director is recommending that X remain in his mother’s care with other corrective measures, the whole for a period of one year. [ 4 ] CONSIDERING that the parties have agreed to proceed "without a hearing", as per section 95(3) of the Youth Protection Act; [ 5 ] CONSIDERING that the legal requirements for this type of procedure have been respected; [ 6 ] CONSIDERING that the Court accepts to proceed without a hearing; [ 7 ] CONSIDERING, from the documentary evidence, that the parties admit the allegations of the motion and agree with the conclusions sought by the Director; [ 8 ] CONSIDERING that the facts, as established in the Court report, are essentially as alleged in the Director's motion; [ 9 ] CONSIDERING more particularly that X remains with his mother; [ 10 ] CONSIDERING that X and his mother remain quite socially isolated; [ 11 ] CONSIDERING the need to continue to support X and his mother; [ 12 ] CONSIDERING that X remains on a waiting list for CRDI services that could help him in his development; [ 13 ] CONSIDERING that X’s father has health and other issues that apparently prevent him from being involved in X’s life; [ 14 ] CONSIDERING that in the Court's opinion, the proposed measures are in the X's best interest; [ 15 ] AS A RESULT AND FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the Motion for Extension ; and [ 17 ] DECLARES that X’s security or development is still compromised; [ 18 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES: [ 19 ] ORDERS that X remain in the care of his mother; [ 20 ] ORDERS that the mother continue to follow the recommendations made by her treating professionals with regards to her medication and therapy; [ 21 ] STRONGLY RECOMMENDS that the family continue to receive the services of an educator; [ 22 ] ORDERS that the mother continue to collaborate with the Director and be actively involved in the social follow-up; [ 23 ] ORDERS a person working for Youth and Family Centres A to provide aid, counsel and assistance to X and the family; [ 24 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of Youth and Family Centres A for the purposes of the execution of this judgment; [ 25 ] ORDERS the execution of this judgement by any peace officer, if necessary;

[ 26 ] ALL OF THESE ORDERS will apply for a period of one year; _______________________________________ CLAUDE LAMOUREUX, J.C.Q. Me Sym-Anthony Davis Attorney for the Director Me Robert Hamel Attorney for the adolescent Date of hearing : CL/nl December 11, 2015