2014 QCCQ 20467, 2014 QCCQ 20467

Protection de la jeunesse — 148499 2014 QCCQ 20467 JA0510 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF […] «Youth Division» N° : 505-41-006602-116 DATE : June 17th, 2014 BY THE HONOURABLE : MIREILLE ALLAIRE In the matter of the child: X Born on […], 2000 [Social Worker 1], in capacity authorized person by the Youth Protection Director Declarant and A, B, Parent of the child RECTIFIED JUDGMENT 1 Section 95(1) 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 11.2.1 and 135 Y.P.A. ] 1 October 6 th , 2014, rectifies paragraph [ 19 ] [ 1 ] The Court is seized of a motion for revision of a Court decision under section 95(1) of the Youth Protection Act. [ 2 ] In the support of the procedure, the petitioner acting for Youth Protection Director asks the revision of the Court order rendered on September 30 th , 2013 for the following new facts, as it appears in paragraph of the motion: “

a) The child is currently entrusted to a rehabilitation center;

b) The child has been verbally abusive towards staff, oppositional and on more than one occasion became physically aggressive with staff requiring Encadrement Intensif;

c) In November of 2013, the child transitioned out of the [Unit A] – (Encadrement intensif) and into the [group home A]. Both units are located on the [Campus A] of [Family Services A];

d) The child required a full time “shadow” from the time he left the [Unit A] in early November 2013 until mid January 2014;

e) The child began having home visits commencing the first weekend of December 2013 with the family agreeing to specific safety precautions;

f) The child home visits increased progressively. He spent the Christmas holidays in the care of both parents;

g) The child weekend home visits have for the most part happened on a consistent basis;

h) The child has had some behavioural issues on his weekends more often while in the care of his mother. Consequently, the child visits have now been predominantly in the care of his father;

i) The child psychological assessment was completed on December 30 th , 2013;

j) As a result the child was referred to the [Hospital A] Department of child Psychiatry for a psychiatric assessment which was completed on March 21 st , 2014;

k) The child attends high school on the [Campus A];

l) As a result the child was referred to the [Hospital A] Department of child Psychiatry for a psychiatric assessment which was completed on March 21 st , 2014;

m) The child has consistently refused to follow specific recommendations of the psychological assessment namely to engage in therapy;

n) The child contacts with his mother have become inconsistent due to his behaviour while in her care and her inability to mediate the situation;

o) The child has frequently expressed feelings anger due to his perception that his parents favour his older sisters;

p) The child parents are unable at this time to care for him on a full time basis given his ongoing behavioural problems and their lack of consistency; [ 3 ] The mother, by her attorney, admits all of the allegations and agrees with the conclusions. [ 4 ] The father admits all of the allegations and agrees with the conclusions. [ 5 ] The child, by his attorney, admits most of the allegations of the declaration and agrees to the conclusions. [ 6 ] By consentent of the parties, the following reports are filed: D-2: Court Report dated June 11, 2014 D-3 Psychological Assessment D-4 Psychiatric Assessment [ 7 ] While there has been progress in X’s behavior, he is not ready to return home.

He should receive therapeutic help in order to continue to progress and X agrees with this. [ 8 ] In view of the partie's admissions and the content of the reports filed by consent of the parties, the Court is satisfied that the proof has been made on all the allegations of the declaration and therefore: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security and the development of the youth X are still compromise; [ 11 ] ENTRUSTS the youth to a Reception Center for a period of six (6) months; [ 12 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the youth and the family; [ 13 ] ORDERS that the contacts with the parents be upon agreement between the parties; [ 14 ] ORDERS that the youth and parents take an active

part in the measures including the intervention plan and psychoeducational assessment; [ 15 ] ORDERS that the youth and parents report regularly to the DYP regarding the evolution of the situation; [ 16 ] ORDERS that the youth receive all health services required namely that he follow an individual psychological therapy; [ 17 ] ORDERS that the youth continue to meet with a Traditional Services Worker and that the parents participate upon request and follow recommendations; [ 18 ] ENTRUSTS the situation of the child to the Director of Youth Protection of Le Centre jeunesse A for the execution of the judgment to intervene herein; [ 19 ] THE WHOLE for a period of one (1) year, except for the placement in a Reception Center which is for a period of six (6)months; [ 20 ] THE WHOLE without costs.

__________________________________ MIREILLE ALLAIRE, J.C.Q. Me Jean-Pierre Gaudreau Attorney for the child Me Hélène Robitaille Attorney for the declarant Me Kathleen O’Meara Attorney for the mother