2021 QCCQ 986, 2021 QCCQ 986

Protection de la jeunesse — 21221 2021 QCCQ 986 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

No: 145-41-000634-193 DATE: January 27, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2004 Adolescent and A and B Parent ______________________________________________________________________ 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 director of youth protection (DYP) asks the Court to revise and extend the judgement render on July 8, 2020, in respect of the adolescent in order to place him in a rehabilitation center, until his majority. [ 2 ] At the hearing, only the adolescent is present and duly assisted by his lawyer.

The mother signs a letter on January 25, 2021, indicating that she cannot be present, and she agrees with the recommendations suggested by the DYP, in particular, that the adolescent be entrusted in a rehabilitation center until his majority. [ 3 ] Regarding the father, his lawyer has not heard from him since December 9, 2020, although he has sent him a letter, he remains without news from the father. At the last hearing, the latter requested a postponement and again he is not present at the hearing today.

Clearly, he shows little interest in his son's case. [ 4 ] In the last measure ordered, the adolescent was entrusted at the rehabilitation center. Since then, the situation has changed little. The latter continues to use marijuana. He is defiant and has a negative attitude regarding consequence of his actions. He disrespects some staff members. His behaviour is inappropriate and he demonstrates little respect towards women. Despite everything, he manages to find employment, and this is very positive. [ 5 ] The adolescent does not take his medication for depression, on a regular basis.

He benefits from visits with his father, but upon his return, he is in a state of consumption. Faced with this observation, the visits were suspended. However, he is very transparent about his consumption. His father has difficulty supervising him during visits to him. He tries to do activities with him. The adolescent does visit his mother and does not wish to see her. The mother has little involvement with her son. [ 6 ] The adolescent testifies that he does not receive any help has requested. However, the evidence reveals something else.

In fact, he shows little interest in the follow-ups when the services are offered to him [1] or he simply refuses them arguing that he does need it. It seems that his efforts are not sufficient and he does not mobilize himself. Nevertheless, it is strongly recommended that the adolescent receives a neuropsychological evaluation. [ 7 ] The situation at school is not much better. He does attend his classes, or he plays with his cell phone. [ 8 ] The adolescent is under the impression that he is old enough to make his decisions, on his own; he could not be more wrong. His

situation has not improved at all since the last ordered measure. [ 9 ] Obviously, he still needs services in order to progress. He has to make serious changes in his life if he is to function properly both in society and on a daily basis. We must not forget that he is at the dawn of his majority. Therefore, it will no longer be able to have such a close and punctual follow-ups. [ 10 ] The evidence demonstrates that the security and development of the adolescent are still in danger. Considering the evidence adduces, the application is well founded.

Furthermore, the measures suggested by the DYP appear to be in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 11 ] GRANTS the application for revision and extension of order; [ 12 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 13 ] REVISES AND EXTENDS the Court order rendered on July 8, 2020; [ 14 ] ENTRUSTS the adolescent to a rehabilitation centre designated by the DYP until [...], 2022, date of his majority; [ 15 ] ORDERS that the contacts between the adolescent and his parents be determined according to an agreement between the parties; [ 16 ] ORDERS that the adolescent participate in an addiction drug/alcohol counselling, as long as deemed necessary by the professionals involved and TAKES ACT of his consent to participate in it; [ 17 ] RECOMMENDS the adolescent to submit himself to a random screening of drugs and/or alcohol tests; [ 18 ] ORDERS the parents to be sober in the presence of the adolescent; [ 19 ] PROHIBITS the parents from denigrating one another or the social services in the presence of the adolescent; [ 20 ] RECOMMENDS that the parents benefit from counselling in connection with their personal difficulties; [ 21 ] ORDERS that the adolescent and his parents actively participate in the measures ordered; [ 22 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and his family until [...], 2022, date of his majority; [ 23 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Ann-Chloé Boudreau for the adolescent Me Alexis Deschênes for the father Mrs. A the mother (absent) Written judgment filed on January 29, 2021