2015 QCCQ 15069, 2015 QCCQ 15069

Protection de la jeunesse — 158137 2015 QCCQ 15069 JG1900 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No. 550-41-001431-137 DATE: September 25, 2015 ______________________________________________________________________ PRESENT: THE HONOURABLE LINE GOSSELIN J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], person authorized by the Director of Youth Protection Petitioner and X Adolescent and A B In their capacity as parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child's parents to be identified.

Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with

section 95 of the Youth Protection Act , the petitioner seized the Court of a motion for the review and extension of the May 5, 2014 decision concerning X, born on [...], 1998. [ 2 ] She proposed that the adolescent be entrusted to C, kinship foster family, for eight (8) months, with various other protective measures applicable for one (1) year. [ 3 ] The reason invoked was the continued behavioural disturbances of the adolescent, who does not want to return to live with his mother at this time. [ 4 ] The mother, who chose not to be represented by counsel, understood that it was urgent for the hearing to proceed.

In actuality, X's placement period, in effect since the May 5, 2014 decision, expired on March 5, 2015. The placement period should not be exceeded. [ 5 ] That said, the mother agreed to X going to live for a while with his half-brother, C, before the Court decides on the final protective measures, to ensure that integration into his home is successful. [ 6 ] The father is not involved in X's life. A motion for a waiver of service was granted in his regard.

Thus, the hearing was held in his absence. [ 7 ] X, through his attorney, admitted certain facts and consented to the conclusions. [ 8 ] In addition to the admissions and the testimony, including that of C, the petitioner's report was legally filed and supplemented the evidence on March 6, 2015. [ 9 ] That was the context in which, on that date, the Court set the hearing on the final protective measures for June 9, 2015 and ordered various protective measures to be applied until then.

[ 10 ] From the evidence as a whole at that time, the undersigned mainly noted that X's security and development were declared in danger on May 5, 2014, because of his serious behavioural disturbances and his mother's neglect from the standpoint of schooling.

In these circumstances, the Court has no hesitation in declaring the adolescent's security and development to be in danger because of a situation of of serious behavioral disturbances and neglect from the standpoint of schooling. [ sic ] - The Honourable Judge Marie Pratte, May 5, 2014, para. 58 [ 11 ] X was thus entrusted to a foster family until January 8, 2015 (with gradual integration into his mother's home during that period), and other protective measures were ordered for one (1) year. [ 12 ] But on August 13, 2014, the Court issued a warrant to search, enter and bring.

X had been missing since July 28, 2014. Late in the afternoon of August 13, 2014, he was found at his girlfriend's home. The police returned him to his foster family. [ 13 ] It should be pointed out that X's girlfriend was pregnant. Since then, she has given birth to a little girl that X sees regularly at this time. [ 14 ] On January 5, 2015, the petitioner filed a motion for review and extension of the May 5, 2014 decision, as well as a motion for provisional compulsory foster care .

Thus, X remained in a foster family from January 5, 2015 to February 27, 2015. [ 15 ] As a provisional foster care period cannot exceed 60 days (time limit), the hearing was postponed to March 6, 2015, before the undersigned. Marie Pratte J. was not available to hear the case within the time required. [ 16 ] On March 6, 2015, the Court learned that X had been living in the same foster family since January 16, 2014. However, he was not often there. He was spending most of his time at his girlfriend's home and could leave the foster home for several days at a time.

By arranging his living quarters in this way, he failed to comply with the conditions of his probation in relation to past offences. [ 17 ] However, in November 2014, further to a decision under the Youth Criminal Justice Act , he was required to remain with the foster family for a number of hours. X did what was asked of him. [ 18 ] As for his substance abuse problem, X used regularly, returning to the foster family intoxicated. He refused to take steps to stop using. [ 19 ] In addition, X attempted suicide (prescription drug intoxication with 12 anti-inflammatories).

He was not going to school and was not working. He was also oppositional and arrogant. However, when X is sober, he can be pleasant, kind and polite. In fact, he is a very engaging adolescent. [ 20 ] As for the mother, she was resistant to social intervention.

However, she sometimes admitted her mistakes and concentrated on the work to be done. [ 21 ] In the circumstances, the undersigned declared on March 6, 2015 that the adolescent's security and development were still in danger. [ 22 ] As for protective measures, it was proposed that X be entrusted to his half-brother, C. [ 23 ] However, the adolescent had never lived full time with C, who had a full-time job, two (2) children and a spouse. The task would not necessarily be easy, as C agreed. [ 24 ] Yet, C took the situation very seriously.

He wanted to do everything in his power to help X, including being involved for the long term. In addition, he cooperated with the petitioner. Moreover, further to an assessment of his living environment, he appeared to have the required parental capacities and an adequate living environment to care for X. X wanted to live with C, who could be recognized as a kinship foster family. It must be noted, however, that C also used cannabis from time to time. [ 25 ] Thus, the adolescent was entrusted to C, on a provisional basis only, until the hearing on June 9, 2015.

On that date, a postponement was requested until this hearing, and was granted. [ 26 ] According to the evidence submitted, X’s situation has been progressing quite well at C’s since March 2015. He complies with what his brother asks of him and has been learning a trade. He sees his mother when he wishes and informs the petitioner of the visits. [ 27 ] X nonetheless fervently wishes that his file could be closed as soon as possible. He finds it difficult to have so many interventions in his life and spend time in court. X will be 18 in 11 months.

He wants to stand on his own two feet. [ 28 ] That was the context in which the Court offered to render a decision that would apply until February 2, 2016. That five-month period would allow him to continue taking steps to resolve his situation and ensure that he will be self-sufficient by age 18. X agreed with that approach. THEREFORE, THE COURT: [ 29 ] ALLOWS the motion in part; [ 30 ] Again DECLARES that X’s security and development are still in danger; [ 31 ] ORDERS the execution of the following final protective measures until February 2, 2016 :

(

a) That X be entrusted to C, who is in the process of being recognized as a kinship foster family, and that once C has been so recognized, X be entrusted to his foster family; (

b) That a person working for an institution or body provide aid, counselling or assistance to X and his family; (

c) That X's contact with his mother be according to agreement between X, the caseworker and the mother; [ 32 ] ACKNOWLEDGES C's consent, and ORDERS that he cooperate with social follow-up; [ 33 ] ENTRUSTS the situation of X to the Director of Youth Protection for the execution of this decision. __________________________________ Line Gosselin J.C.Q. Mtre. Émilie DeBellefeuille Counsel for the Director of Youth Protection Mtre. Sophie Cadieux Counsel for the adolescent Mtre. Catherine Gratton-Barette Counsel for the mother Date of hearing: September 25, 2015 Date of filing with the office of the Court: September 29, 2015