2015 QCCQ 9333, 2015 QCCQ 9333

Protection de la jeunesse — 151000 2015 QCCQ 9333 COURT OF QUEBEC “Youth Division” CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] No: 610-41-000239-046 DATE: February 5, 2015 ______________________________________________________________________ BY THE HONOURABLE MARC E.

GRIMARD, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], human relations agent, exercising her profession at the Centre Jeunesse A, having a place of business at […], Town A, district A, […] Applicant -and- X, residing at […] in Town B, district B, […] Child -and- A, domiciled and residing at […], Town A, district A, […] Mother -and- B, unknown address Father ______________________________________________________________________ JUDGMENT (Section 95(1) and 75 Y.P.A., R.S.Q. chap.

P-34.1 ) ______________________________________________________________________ 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The court is seized of a motion under

Section 95 (par. 1) and 75 of the Youth Protection Act concerning X, born on […], 1997. The Director of Youth Protection is asking this Court to review a decision rendered by the Honourable Judge Gilles Gendron on June 20 th and 22 nd , where the youth was entrusted to a foster family until his majority. Given that the adolescent is currently battling different issues, mainly drug consumption, school attendance and behavioural problems, the applicant is requesting that he be entrusted to a rehabilitation center until majority. [ 2 ] The applicant, youth and father are present and represented.

The petitioner advised the mother of the present hearing. She said that she agrees with the recommendations. She is not present or represented. The petitioner told the mother she would pick her up on the morning of the present hearing. Mrs. [Social Worker 1] went to the mother's house; there was no response at the door. The Court proceeds in the absence of the mother. [ 3 ] The youth admits most of the allegations of the paragraph five of the petition. He does not agree with the measures presented by the applicant.

The youth wishes to remain with his current foster family. [ 4 ] The father, currently detained, ignores most of the allegation. He expresses that he wishes what is best for his son and believes that it is not that he be entrusted to a rehabilitation center, but that he remains with his current foster family. THE FACTS [ 5 ] On or about June 20 and June 22, 2006, the Honourable Gilles Gendron, J.C.Q., entrusted the adolescent to a foster family until his majority. [ 6 ] Since then, the youth has been living in the foster home of Mrs. C and Mr.

D. [ 7 ] Following a Court hearing on September 3 rd , 2014, the adolescent was returned to his foster family, after being placed in a reception center, [Center A], for a period of 60 days. [ 8 ] As of October 6, 2014, the youth had already missed a total of 13 classes and had been late on five occasions. He was given school detention, to which he did not comply. As a result, he was given a two-day suspension to serve at home on September 26 and September 29. On September 30, 2014, upon his return to class, he was suspended for a second time for a period of 2 days.

The adolescent was caught punching another student in class, as they were both trying to get the same chair. He served two days on October 1 st and October 2 nd , 2014.

[ 9 ] On October 23, as the adolescent was entering class, the teacher found that he smelled a lot like cannabis and appeared to be under the influence of drugs. He was directed to the principal's office. He refused to meet with the principal and ran away. As a result, he received a five-day suspension to serve at home. [ 10 ] On November 6, 2014, he was interrogated by a member of the Sureté du Québec for his involvement in criminal activities.

The agent of the Sureté du Québec informed the applicant that the youth was suspected of being involved in several breaking and entering offences in the region A, from late August of this year until October 2014. [ 11 ] In spring 2013, the youth stole a teacher's cellular phone, reprogrammed it and sold it.

Once again, on November 14, 2014, the adolescent received an out of school suspension for a period of three days for stealing the said cellular phone. [ 12 ] Needless to say that the adolescent's school attendance is poor, at best, even though the foster family implemented a reward system in order to encourage the youth to go to school, allowing him to collect a total of 20.00$ for the end of the week, according to his attendance, and a bonus of 50.00$ a month for a perfect attendance. [ 13 ] Currently, the youth is passing three of four classes, keeping in mind that a passing grade in [Province A] is 50%. [ 14 ] The foster mother is very protective of the adolescent.

On the other hand, her spouse tries to be firmer with structure and discipline, which causes conflicts amongst the couple, to the extent were the foster mother has even told her spouse that she would chose the foster child over him. [ 15 ] The foster mother is very emotionally invested in the adolescent and his well being, to the point that on several occasions, she minimized the impact and consequences that his problematic behaviour can lead to.

She is very accepting of minimal efforts on behalf of the teenager. [ 16 ] The Director of Youth Protection worker has tried many times implementing actions steps in order for the youth to become more autonomous and helpful at home. However, the foster family failed in ensuring the structure needed. [ 17 ] During school days, the adolescent normally eats his breakfast "on the go", while he is getting ready to leave. As for lunch, on weekends, the foster mother lets him sleep in and she states that super time is mostly when they sit together to enjoy their meals.

On a few occasions, the youth was still sleeping and the foster mother would chose to simply set a plate aside for him to eat at a later time. [ 18 ] The foster mother is suspicious that the teenager is still using drugs. However, she has yet to catch him under the influence, although he displays some of the typical behaviours drug use can lead to. She has not recently found any drug use materials in his room, as she has in the past. [ 19 ] The foster father found some knives and rope in the teenager's room, under his pillow. The foster father is scared when the youth comes home under the influence of drugs.

The adolescent said to the foster father that he would be happy living on welfare. [ 20 ] The adolescent testified that he uses drugs with his friends on lunch breaks, but that since September 10 or 11, he has not smoked marijuana. [ 21 ] The youth would like to be an electrician or a welder, but does not know what education level is required for both professions. He is well aware that he could put more effort in his schooling. [ 22 ] The youth mentioned that he did have knives under his pillow, the reason being that he wants to look like a "tough guy".

He admits that he does steal and when he comes home with new things, he says to his foster mother that a friend gave it to him. ANALYSIS [ 23 ] Both parents are not involved the life of their child. The father, who was present at the hearing, admits that he was not a good parent, having to deal with his own issues, and wishes that his son be entrusted to a foster family. He does not want for his son to go down the same path as him. [ 24 ] Since the past year and a half, the situation of the adolescent has been deteriorating.

The foster family, despite their best efforts, have not been able to correct the issues concerning the youth; He still displays problematic behaviours, either in school or by continuing to consume drugs or engaging in criminal activities. [ 25 ] The youth needs to be in a more structured environment in order to prepare for adulthood. The Court considers that a reception center is the best setting for the evolution of his development for the time being.

FOR THESE MOTIVES, THE COURT: [ 26 ] GRANTS the present application; [ 27 ] MAINTAINS that the security and development of X, born on […], 1997, are still in danger; [ 28 ] ENTRUSTS the youth to a rehabilitation center until he reaches the age of majority; [ 29 ] ORDERS that the youth can be entrusted to a foster family while he is having visits in the area A and [region B]; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the youth, the foster family and the parents until majority; [ 31 ] ORDERS that the youth and the youth’s parents take an active

part in the application of the measures ordered by the Court;

[ 32 ] ORDERS that the contacts and visits between the parents, the foster parents and the youth be supervised by the Director of Youth Protection as for the frequency and modalities in the best interest of the youth; [ 33 ] ORDERS that the youth attend school or another place of learning or participates in a program geared to developing skills and autonomy; [ 34 ] ORDERS that the youth remains sober at all times and that he respects the curfew or any other rules of the foster family while he is having visits; [ 35 ] ORDERS that the exchange of information be authorized between the professionals providing services the youth and his family; [ 36 ] ORDERS any police body to collaborate for the purpose of executing this enactment; [ 37 ] ENTRUSTS the adolescent’s situation to the Director of Youth Protection for the execution of the present judgment; __________________________________ Marc E.

Grimard, J.C.Q. M e Julie Lemire Counsel for the applicant M e Daniel Ouellette Counsel for the child M e Jean-François Lacasse Counsel for the father Dates of hearing: December 2 nd 2014 December 3 rd 2014