r v. A, 2017 QCCQ 16975

Protection de la jeunesse — 177340 2017 QCCQ 16975 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005120-160 DATE: August 17, 2017 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2001 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A B Parents ______________________________________________________________________ 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 ] On February 1, 2017 the Court declares that X’s serious behavioral difficulties create a situation of endangerment justifying the application of protective measures until August 25, 2017, including his placement in a rehabilitation center. [ 2 ] The Director of Youth Protection seeks the extension of this order for one year, alleging that the adolescent’s behaviors remain problematic despite the services put in place.

The adolescent as well as his parents subscribe to this orientation. [ 3 ] Analysis and decision [ 4 ] Since the last order, the adolescent’s behaviors continue to present significant challenges despite his placement in a rehabilitation center. He resists the interventions and fails to recognize nor assume responsibility for his situation. [ 5 ] He repeatedly sojourns in an intensive supervision unit in reason of his aggressive behaviors or unauthorized outings. Returning from his outings, he refuses to give details as to his activities.

He shows a marked attraction to marginal and criminal elements. [ 6 ] Few visits occur with his parents. Although the parents collaborate with the intervention, they remain overwhelmed by their son’s situation and reluctant to consider his return home, even for visitation. [ 7 ] At the hearing, the mother states that her son was a cocaine baby, a situation which she considers contributive to her son’s “disconnect” and inability to focus. She wishes that he would accept psychological help.

At the present time, X refuses such. [ 8 ] After considering the evidence, the Court concludes that the security and the development of the adolescent are still in danger.

X still requires a neutral and structured environment to ensure his security, but it is necessary to pursue the interventions in view of helping him assume socially acceptable behaviors and realize his potential. [ 9 ] The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the adolescent's best interest, while concurrently receiving the approval of the parties. [ 10 ] FOR ALL THESE REASONS, THE COURT: [ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and the development of the adolescent are still in danger;

[ 13 ] EXTENDS the court order rendered on February 1, 2017; [ 14 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre chosen by Director of Youth Protection; [ 15 ] ORDERS that the contacts between the adolescent and his parents be following agreement between the parties; [ 16 ] ORDERS that the adolescent and his parents take an active

part in the application of the present measures; [ 17 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance of the adolescent and his family; [ 18 ] THE WHOLE for one year. [ 19 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry Staub Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: August 17, 2017