2019 QCCQ 17817, 2019 QCCQ 17817

Protection de la jeunesse — 196189 2019 QCCQ 17817 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 640-41-001083-085 DATE: May 23, 2019 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A Applicant and X, born on […], 2004 Child and A, residing and domiciled at an unknown address in […] Mother and B, residing and domiciled in […] Father ______________________________________________________________________ JUDGMENT (section 95 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth A (the Director) asks the Court to review and extend the decision rendered on April 18, 2018, by honourable judge Lucille Beauchemin, in the situation of X, 15 years old. He asks that the child remains in reception centre for an additional 9 months with reintegration with his father in six months. [ 2 ] The father and the mother are present at the hearing assisted by Me Marie-Josée Ayoub and Me Michel Grenier.

The child is present with his lawyer, Me Antoine Fournier. Me Adelia Ferreira represents the petitioner. [ 3 ] Most of the allegations are admitted by the parties. The father would agree with a shorter placement of his son if he couldn’t integrate his home now.

The mother would like her son be placed in a group home until verifications are done in the father’s milieu. [ 4 ] The situation revealed by the proof is a great sadness because for the first time in years, one of the parents of X would be able to assume him but the child must make some gains before so that the project can succeed. [ 5 ] Over the last year, the child has to be transferred from a group home to a rehabilitation centre because of his behavioural problems, his suicidal threat and attempts. [ 6 ] In November 2018, he had to be transferred to Montreal Douglas Hospital following suicidal threats made to his teacher and psychologist. [ 7 ] Last February, he took Ativan pills in high quantity and had to be admitted to the clinic. [ 8 ] X had behavioural issues at school and at the reception centre, displaying aggressive behaviours. [ 9 ] The adolescent feels that he has no family that cares for him and he expressed being sad and depresses mainly for this reason. [ 10 ] In fact, it is very difficult to arrange visits with the adolescent family.

Most of the time, they refuse to take him due to overcrowding and worries concerning the adolescent behaviour. [ 11 ] The mother has no stable home. She lives in shelters in City A. She had one visit with X in three years, in March 2019. [ 12 ] The father is mainly absent from adolescent life. The social worker had her last contact with him in November 2018.

[ 13 ] But the father’s situation improved. He does not drink anymore, has his own house and has stabilise his life. He works regularly and has to travel for his job. He is now with his girlfriend acknowledged as foster family. He has a bedroom for his son. He is ready now to collaborate with the social worker. He is concerned by his son’s issues and wants to repair the harm done. [ 14 ] The Court believes in the sincerity of the father and witnesses the happiness of the child to have finally a parent who manifest his interest to him. The presence of both parents at this hearing move deeply the child’s feelings.

He is very vulnerable and the parents’ involvement must be unconditional. The child carried many sequels of the negligence and abandonment of the parents. [ 15 ] The child must learn to control his behaviour before integration at his father’s home. He must accept authority, stop his aggressive behaviour. Meanwhile, the father must learn all his child’s needs and develop his skills and his authority. The father investment should first begin with visits. Depending on the child evolution at the reception centre, X might be authorized for extended visits.

We must give time to the child to adjust to the father, his girlfriend, his new milieu.

CONSIDERING THE EVIDENCE, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and development of X are still in danger; [ 18 ] ORDERS his placement in reception centre until the end of December 2019, with reintegration with his father; [ 19 ] ORDERS the Director to provide the child a psychological follow-up for the duration the professional requires; [ 20 ] ORDERS that the father be met by the psychologist and informed of the child’s psychological situation; [ 21 ] ORDERS the Director to supervise the visits of the child with his parents as for location, duration and frequency and RECOMMENDS that the mother visits or contacts her son once a month; [ 22 ] ORDERS the Director to provide aid counsel and assistance to the child and his parents for one year; [ 23 ] ORDERS the Director to provide all the medical, educational and psychological services the child requires; [ 24 ] ORDERS the police to collaborate to the execution of the present judgment; [ 25 ] ENTRUSTS the situation of the child to the Director who shall then see that the measures are carried out.

Signed in City B on June 11, 2019 __________________________________ DENYSE LEDUC, J.C.Q. Me Antoine Meunier Attorney for the youth Me Adelia Ferreira Attorney for the applicant Me Michel Grenier Attorney for the mother Me Marie-Josée Ayoub Attorney for the father Date of hearing: May 23, 2019