2021 QCCQ 10562, 2021 QCCQ 10562

Protection de la jeunesse — 215926 2021 QCCQ 10562 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006434-206 DATE: June 15, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2006 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant 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 ] The adolescent is in placement since November 2020 in reason of his behavioural difficulties and his family’s inappropriate responses to such (educational neglect). [ 2 ] On December 21, 2020, the Court entrusts the adolescent to a rehabilitation centre until June 21, 2021 while applying various other measures of protection for a year.

He is designated to reside with his older sister Y at the end of his placement. [ 3 ] The Director alleges that the adolescent’s behaviours continue to overwhelm his functioning, justifying that he remains in placement. Concurrently, the Director retains a situation of physical abuse in his maternal environment. [ 4 ] The adolescent and his parents do not contest the evidence nor the conclusions sought by the Director, although the parents consign to not recognizing the situation of physical abuse. [ 5 ] The conclusions reflect the evidence as well as the adolescent’s best interests.

Hereafter are the reasons justifying the decision. Analysis and decision [ 6 ] Despite the structure and interventions in place in his group home setting, the adolescent’s behaviours continue to be problematic. He remains oppositional and crises are recurrent. He is unable to attend school. [ 7 ] In order to better respond to his needs, he transfers to a reception centre as of February 2021.

Although his behaviours still require regular interventions, improvements occur. [ 8 ] He progressively integrates school and is reported to be doing well. [ 9 ] He continues to receive specialized services through the CRDI in relation to his various diagnoses. [ 10 ] He maintains regular contacts with his family environment, including his mother, his biological father and his sister Y. [ 11 ] The Director evaluates a situation of physical abuse after the adolescent verbalizes apprehensions of returning to his mother’s home in reason of the disciplinary methods applied by her and, on a lesser basis, by his biological father, Mr.

C. [ 12 ] The police authorities conduct video interviews with the adolescent as well as his older nieces, also entrusted to the mother. [ 13 ] They confirm that the mother can resort to physical discipline towards the children in her care, including slapping and hitting,

sometimes with objects. The adolescent is particularly targeted. [ 14 ] The adolescent also declares that his biological father has slapped him in the face in the past and often denigrates him when angry. [ 15 ] The adolescent maintains the essence of his verbalizations through time and to different persons. [ 16 ] These allegations result in the removal of the other children from the mother’s care. [ 17 ] The mother as well as the biological father deny using any inappropriate or unreasonable methods as discipline.

The mother eventually admits to hitting the adolescent on occasion, but never with objects. [ 18 ] She does, however, recognize being overwhelmed by her son’s behaviours and seeks tools to help her better respond to his needs. [ 19 ] The adolescent’s situation remains fragile and his needs for rehabilitation, ongoing. [ 20 ] Concurrently, the evidence establishes a situation of physical abuse in regards to the parental responses applied by the mother and the adolescent’s biological father, including denigration as well as physical discipline. [ 21 ] The family wishes to cooperate with the Director in order to better respond to the adolescent’s challenges.

In this regard, they agree to the measures sought, including the supervision of contacts as to the mother and the adolescent’s biological father.

FOR ALL THESE REASONS, THE COURT: [ 22 ] GRANTS the application; [ 23 ] DECLARES that the security and development of the adolescent are still in danger; [ 24 ] DECLARES that the security and development of the adolescent are also in danger for the additional reason of: • Physical abuse (article 38e)1) of the Youth Protection Act ) [ 25 ] ENTRUSTS the adolescent to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 26 ] ORDERS that the contacts between the adolescent and his mother be following agreement between the parties as well as in the presence of a third party chosen by the Director and in respect of the adolescent’s wishes; [ 27 ] ORDERS that the contacts between the adolescent and Mr.

C be following agreement between the parties as well as in the presence of a third party chosen by the Director and in respect of the adolescent’s wishes; [ 28 ] AUTHORIZES the total or partial lifting of the supervision of the contacts with the mother and Mr. C following agreement between the parties; [ 29 ] ORDERS that the contacts between the adolescent and Ms Y be following agreement between the parties; [ 30 ] TAKES ACT that Ms. Y commits to respect the conditions regarding the contacts with the mother and Mr.

C; [ 31 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end to the situation in which his security or development is in danger; [ 32 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered; [ 33 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 34 ] THE WHOLE for 9 months; [ 35 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Alexandre Germain Attorney for the Applicant Me Karine P. Poissant Attorney for the adolescent Date of hearing: June 15, 2021 Date of signature: July 28, 2021