2018 QCCQ 11645, 2018 QCCQ 11645

Protection de la jeunesse — 182027 2018 QCCQ 11645 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005416-170 DATE: January 10, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2004 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Applicant v.

A 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 ] As of May 10, 2017, the parties agree to a series of voluntary measures, recognizing a situation of educational neglect and psychological ill-treatment.

These measures initially provide that the adolescent reside in foster care until August 2017, but his placement is renewed following a violent altercation with his mother. [ 2 ] The Director of Youth Protection seizes the Court of a declaration for protection, alleging the continuation of this situation of endangerment compounded by the adolescent’s increased behavioural difficulties in foster care.

As well as the application of various measures of aid and counsel for 9 months, the Director seeks the placement of the adolescent in a rehabilitation center for the next 6 months. [ 3 ] The mother subscribes to the Director’s evaluation and orientation. X contests his placement, agreeing to the other conclusions sought. [ 4 ] Analysis and decision [ 5 ] The adolescent resides with his mother. Diagnosed with ADHD, conduct disorder and oppositional defiant disorder, his behavioural difficulties resonate at home and at school.

He is awaiting services from Santé mentale jeunesse . [ 6 ] Ms A has difficulties dealing with her son’s problematic behaviours.

She has a tendency to reject him when he doesn’t respect her authority. [ 7 ] Over time, their bond has been adversely affected by this dynamic. [ 8 ] In virtue of the agreements on voluntary measures, the parties recognize the following as to the situation of endangerment: • The mother is unable to exercise her role as an authority figure towards her son; • The mother is unable to offer her son proper structure adapted to his development; • The mother adopts rejecting behaviours towards her son (lack of affection, indifference); • The mother doesn’t ensure a safe environment for her son when he is not under her care; [ 9 ] Since his placement in foster care, X continues to struggle on many levels.

[ 10 ] In July 2017, a violent altercation with his mother further strains their relationship. For many months afterwards, the mother refuses contacts with her son and dismisses his attempts to renew. Since the end of the year, irregular contacts occur. [ 11 ] In his foster and school environments, X presents increasingly difficult behaviours. He fails to respect authority. His school performance suffers and he is suspended twice. [ 12 ] His behaviours degenerate to the point that it is no longer possible to maintain him in this foster environment.

His football coach, Ms [Social Worker 1], accepts to have him transfer to her care as of December. This situation also becomes increasingly untenable, this environment also being challenged by X’s behaviours. [ 13 ] The evidence establishes that the adolescent’s security and development are in danger in reason of educational neglect and psychological ill-treatment.

The family dynamic is not able to sustain the challenges of X’s behaviours and even further exacerbate these. [ 14 ] Both X and his mother need to work towards the rehabilitation of their relationship and find means to ensure that the family environment responds adequately to his needs. [ 15 ] X fails to adapt to two foster family environments, underlining his need for more focused structure and neutrality.

To this end, his placement in a rehabilitation center corresponds to his best interests. [ 16 ] After evaluating the evidence, the Court endorses the conclusions sought by the Director of Youth Protection. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the application for protection; [ 19 ] DECLARES that the security and development of the adolescent are in danger in reason of neglect on educational level as well as psychological ill-treatment; [ 20 ] ORDERS that the adolescent be entrusted in an institution operating a rehabilitation centre chosen by the Director of Youth Protection A for a period of 6 months; [ 21 ] ORDERS that the contacts between the adolescent and his mother be following agreement between the parties during his placement; [ 22 ] ENCOURAGES contacts between the adolescent and Mrs [Social Worker 1] as well as his extended family; [ 23 ] ORDERS that the adolescent and his mother take an active

part in the application of the measures ordered; [ 24 ] TAKES ACT of the parties’ agreement to participate in a family therapy as well as the services agreed upon; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family for 9 months; [ 26 ] ENTRUSTS the situation of adolescent to the Director of Youth Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Pascale Boucher Attorney for the Applicant Me Annie Girard Attorney for the mother Me Karine P. Poissant Attorney for the adolescent Date of hearing: January 10, 2018