2017 QCCQ 18041, 2017 QCCQ 18041

Protection de la jeunesse — 178520 2017 QCCQ 18041 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] Youth Division No: 525-41-031678-162 DATE : December 1, 2017 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born [...], 2002 Director of Youth Protection A Applicant A Mother B Father ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection, (the Director), is asking the Court to review and extend the previous order rendered on October 31, 2016 placing the adolescent in a rehabilitation centre for nine months with a social follow-up for one year. [ 2 ] Essentially, the Director is alleging that the adolescent’s behaviour deteriorated a couple of months after his return home despite the support services implemented during the reintegration process.

Considering the extent of his difficulties, the adolescent was provisionally placed in a reception centre on November 8, 2017. [ 3 ] The Director is asking that the adolescent remain entrusted to a reception centre for a period of five months along with a social follow-up for one year. [ 4 ] The mother admits all of the allegations pertaining to the state of endangerment and consents to the measures proposed. [ 5 ] The father’s parental authority was rescinded in 2012 and he is no longer involved in his son’s life. [ 6 ] The adolescent admits to the majority of the allegations in the motion and consents to the Director’s recommendations.

The Situation [ 7 ] Following the previous order, the adolescent demonstrated difficulty adjusting to the placement order. Several incidents were noted, in particular, the adolescent: - was involved in a physical altercation with another resident; - was found to have been smoking drugs in the unit; - ran away on two occasions; - was involved in an assault for which he later faced criminal charges. [ 8 ] The adolescent’s relationship with his mother remained difficult at times but gradually improved.

By January 2017, the adolescent’s behaviour was described as generally unproblematic both at school and in the unit.

[ 9 ] The reintegration process began in March of 2017 and the adolescent initially conformed to expectations. He participated in a basketball camp over the summer, attended counselling sessions with his mother and appeared receptive to the assistance provided. [ 10 ] The family benefited from the services of a homebound worker as well as the intervention of the Family Ties Program.

Both the mother and the adolescent were of the opinion that their family dynamics improved as a result. [ 11 ] Reintegration was completed in July of 2017 and the situation appeared stable until the following September when the adolescent ran away from home. Other than a few texts to his mother indicating that he was safe, no news was forthcoming until November 3, 2017 when he was located by police. According to the social worker, he was under the influence of drugs and alcohol at the time.

Although the adolescent initially admitted to consuming these substances, he has since recanted. [ 12 ] The adolescent testifies that the trigger leading to his decision to run away was the school board’s decision to send him to A High School rather than to his neighbourhood school. He explains that A High School is a school of last resort and he was extremely unhappy there.

He knows that he’s better than that, smarter than that. [ 13 ] According to his mother, everything fell apart within the space of a week. [ 14 ] Although the social worker agrees that the question of school was a significant factor in the adolescent’s decision to run away, he underlines that overall, the youth still has issues respecting rules and with risky behaviours in the community. Analysis and Conclusion [ 15 ] The evidence reveals an unfortunate breakdown of the reintegration process.

The reasons behind the deterioration of the adolescent’s behaviour demonstrate that he remains fragile to impulsive and reactive behaviour that puts him at risk. [ 16 ] This situation has necessarily taken a toll on the mother’s confidence regarding her ability to manage her son’s behaviour.

Keeping in mind the fragility of their relation-ship, the adolescent will have to work hard in order to rebuild the trust between them. [ 17 ] During the period of placement, the intervention plan proposes to help the adolescent sustain positive communication with his mother as well as to demonstrate transparency and openness with the Director.

The objective is to ensure that the adolescent is fully prepared to return home, is capable of respecting rules and maintaining consistency in his behaviour on a long-term basis. [ 18 ] Before returning to his mother’s care, the question of school will have to be dealt with in such a way as to prepare the adolescent for whatever eventually awaits him. Although the mother has started looking into an alternative school of which her son appears to approve, there is no guarantee that he will be able to attend. [ 19 ] More importantly, the adolescent must learn to manage disappointments and inXs.

Communicating those disappointments to the significant adults in his life is a first step.

The Court encourages him to look for alternative solutions to problems rather than running away, a choice that does nothing more than put his return home in jeopardy. [ 20 ] The Court is of the opinion that the Director’s recommendations take into account the adolescent’s needs and best interests. [ 21 ] UNDER THE CIRCUMSTANCES, [ 22 ] THE COURT: [ 23 ] GRANTS the application; [ 24 ] DECLARES that the security and the development of the adolescent is still endangered; [ 25 ] ORDERS that the adolescent be entrusted to a rehabilitation center for a period of five months and following his placement that he be entrusted to his mother’s care; [ 26 ] ORDERS that the frequency and modality of contacts between the adolescent and his mother be determined by agreement by all parties; [ 27 ] RECOMMENDS that the adolescent participate in services to address his personal issues that impact his behaviour; [ 28 ] ORDERS that the adolescent attend school regularly without absence unless justified by a medical reason; [ 29 ] RECOMMENDS that the adolescent and his mother continue to participate in services addressing their relationship issues; [ 30 ] TAKING JUDICIAL NOTICE of the parties’ consent, AUTHORIZES the Director to exchange information with all treating professionals; [ 31 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family including the services of an educator as long as deemed necessary [ 32 ] ENTRUSTS the situation of the adolescent X to the Director of Youth Protection of the Centre intégré universitaire de santé et des services sociaux A who shall then see that the measures are carried out; [ 33 ] THE WHOLE for a period one year.

SIGNED IN TOWN A On December 5, 2017 __________________________________ KAREN OHAYON, J.C.Q. Me Sym Davis Attorney for the D.Y.P. Me Sylvie Piriou Attorney for the adolescent Date of hearing: December 1, 2017 KO/lf