r v. A, 2016 QCCQ 19348

Protection de la jeunesse — 1610162 2016 QCCQ 19348 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005012-151 DATE: November 18, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 2001 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] On May 16, 2016, the Court revises and prolongs protective measures concerning the adolescent X, in reason of educational neglect and serious behavioral disturbance.

Within a seven month order, the Court entrusts the adolescent to a rehabilitation center. [ 2 ] The adolescent’s mother asks the Court to revise this order and return her son to his family environment, alleging that his behavioral issues are significantly improved. [ 3 ] The adolescent, his father as well as the Director of Youth Protection consign their admissions and subscribe to the conclusions sought by the mother.

The Director asks that the Court prescribe that the adolescent receive certain health services, to which the other parties agree. [ 4 ] Analysis and decision [ 5 ] Since the last judgment, the adolescent’s behaviors evolve progressively in the rehabilitation center setting. Although he is able to adapt to the structure in place, resistance and opposition remain a recurrent theme, especially following refusals. [ 6 ] He visits his family on a regular basis and is able to respect the structure in place.

In August, he spends an extended vacation period with his family, without major incident. [ 7 ] On September 29, 2016, the Court returns the adolescent to his family environment on a provisional basis. [ 8 ] Services are offered to support the adolescent and his family, to which they participate actively. X undertakes follow-ups as to his drug consumption and anger management issues.

Additionally, an educator intervenes to support the adolescent and his family in improving the family dynamic and the structure in place. [ 9 ] Since the provisional order, the Director observes that the parents are better able to apply their authority and that, concurrently, X is appeased in his behaviors.

X maintains his implication in his follow-ups as well as his sobriety. [ 10 ] The parties assert that the situation is still precarious and that protective measures remain pertinent to ensure maintenance of the positive changes observed. [ 11 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 12 ] FOR ALL THESE REASONS, THE COURT:

[ 13 ] GRANTS the application; [ 14 ] ENTRUSTS the adolescent to his parents; [ 15 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered to put an end to the situation in which the security or development of the adolescent is in danger; [ 16 ] ORDERS that the adolescent receive certain health care and services required by his situation, namely that he continue his participation in a follow-up with Virage and AVIF as this as long as deemed necessary by the professional in change of these follow-ups; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 18 ] ALL THESE MEASURES for 6 months; [ 19 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Anne Catherine Bujold Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Stéphanie Castagnier Attorney for the adolescent Date of hearing: November 18, 2001