2022 QCCQ 13873, 2022 QCCQ 13873

Protection de la jeunesse — 224734 2022 QCCQ 13873 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” No: 525-41-035951-193 DATE: April 13, 2022 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2005 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on April 13, 2022. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on October 6, 2021. [ 3 ] On December 10, 2021, the adolescent and the mother proposed that an interim order be rendered maintaining the adolescent in a rehabilitation centre. [ 4 ] Today, the Director recommends that the adolescent be placed in a rehabilitation centre until May 13, 2022 with reintegration to the mother’s residence starting April 13, 2022 and that support measures be ordered for a period of nine months. [ 5 ] The parents and the adolescent are in agreement with the Director’s plan, but would prefer that the Court order be shorter.

Questions in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? [ 7 ] What should be the Court order’s duration? Context and Analysis [ 8 ] Following the October 2021 hearing, despite his best intentions, the adolescent has not been able to respect his mother’s rules. He has been unaccountable for his time in the community. He has associated with negative peers.

He has been truant from school on a regular basis. [ 9 ] On October 22, 2021, 16 days following the last Court order, immediate protecti-ve measures were invoked and the adolescent was placed in a rehabilitation centre. On October 25, 2021, those measures were extended for a maximum of five working days. [ 10 ] On November 2, 2021, the Tribunal ordered the provisional compulsory placement of the adolescent in a rehabilitation centre.

[ 11 ] In the rehabilitation centre, the adolescent exhibits positive behaviours. He participates in the program and respect the rules. [ 12 ] The adolescent visited his mother and reported that the visits were positive. [ 13 ] On November 28, 2021, following a weekend home, the adolescent admitted that he had consumed marijuana with friends in the community. [ 14 ] On December 13, 2021, the adolescent was transferred to the unit A. He has been doing well within the program. [ 15 ] He continued visiting his family on weekends. Visits are still positive.

The mother acknowledges that her son is better at self- regulating. [ 16 ] The Director still needs to provide support regarding structure and communica-tion between the mother and the adolescent. Considering the adolescent’s mobilisation, a social follow-up of six months appears sufficient to correct the situation of compromission.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the application for revision; [ 18 ] DECLARES that the security or the development of the adolescent is still endangered; [ 19 ] REVISES the order rendered on October 6, 2021; [ 20 ] ORDERS that the adolescent remain entrusted to a rehabilitation centre until May 13, 2022; [ 21 ] AUTHORIZES the reintegration of the adolescent to his mother’s care to begin as of today with a full integration home by May 13, 2022; [ 22 ] ORDERS that the adolescent follow the established household rules, including curfew and keeping his mother aware of his whereabouts, when in her care; [ 23 ] RECOMMENDS that the adolescent participate in the program A; [ 24 ] RECOMMENDS that the family participate in the program B; [ 25 ] RECOMMENDS that the adolescent and his mother engage in a therapeutic process to strengthen their relationship; [ 26 ] RECOMMENDS that the mother to participate in a parenting class; [ 27 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 28 ] THE WHOLE for a period of six months; [ 29 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on May 2, 2022 /cd Mtre Edith Zavodni Counsel for the Director of Youth Protection Mtre Younes Ameur Counsel for the adolescent Mtre Maïa Sureau Counsel for the mother Date of hearing: April 13, 2022