2020 QCCQ 7960, 2020 QCCQ 7960

Protection de la jeunesse — 206687 2020 QCCQ 7960 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division » N° : 505-41-010151-209 DATE : October 26, 2020 ______________________________________________________________________ PRESIDED BY THE HONORABLE MÉLANIE ROY, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A Applicant -et- X , born on [...], 2006 Child -et- A Mother -et- B Father ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .) JR1585 [ 1 ] The child is 14 years old.

He lives in a shared custody with his separated parents. [ 2 ] The child is known to the Director of Youth Protection (the Director) and has been the subject of voluntary measures since June 2 , 2020. By the measures, the parties recognize that the security and development of the child are in danger due to serious behavioural disturbances and neglect on an educational level. [ 3 ] The Director presents an application for protection. She alleges essentially that, because of his serious behavioural disturbances, the child cannot stay with his parents.

She recommends that he be entrusted to a reception centre with a social follow-up for a period of six months. [ 4 ] The parties are in agreement. [ 5 ] The evidence reveals that following the signing of the voluntary measures, the child’s bad behaviour continued, particularly in that he used drugs and was physically and verbally aggressive. [ 6 ] The parents struggle to establish clear and consistent routines and expectations for their son. [ 7 ] In August, the child had an altercation with his mother that led him to break a window. After that incident, the mother asked the father to take custody of the child.

[ 8 ] At his father’s, the child did not respect his authority and showed no signs of willingness to improve his behaviour. [ 9 ] On September 24 th , he showed up at school with drugs and a knife. The police had to intervene. [ 10 ] After this event, the Court provisionally entrusted the child to a reception centre. [ 11 ] The child resides at A group home in City A. He is doing well in this structured environment. [ 12 ] There are no visits with the mother for the moment. She wishes to work on the relationship with her son. The father visits him every weekend. [ 13 ] The child is in need of protective measures.

He needs to be in a neutral and secure environment to work on his difficulties.

He should also take action regarding his drug use and participate in a program that can support him. [ 14 ] As for the parents, they also need the Director’s help to provide a better structure and improve their relationship with their son. [ 15 ] After receiving the admissions, considered the reports produced and the testimonies heard, the Court concludes that the security and development of the children are in danger following sections 38b)1) iii) and 38f) of the Youth Protection Act ; FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the Application; [ 17 ] DECLARES that the security and the development of the child X are in danger; [ 18 ] ENTRUSTS the child to an institution operating a rehabilitation centre chosen by Director of Youth Protection A; [ 19 ] TAKES ACT that he is in a group home which is [Group A]; [ 20 ] ORDERS that the contacts between the child and his parents be following an agreement between the parties; [ 21 ] ORDERS that the child and his parents take an active

part in the application of the measures; [ 22 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and his family; [ 23 ] ENTRUSTS the situation of the child X to the Director of youth protection A for the application of the measures ordered; [ 24 ] THE WHOLE for a period of six months. __________________________________ Mélanie Roy, J.C.Q. Me Simon Primeau-Laganière Attorney for the DYP Me Karyn Brown Attorney for the child Dates of hearing : October 26, 2020 Judgment written and signed : November 19, 2020