2020 QCCQ 10181, 2020 QCCQ 10181

Protection de la jeunesse — 207275 2020 QCCQ 10181 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] No.: 505-41-010229-203 DATE: December 15, 2020 ______________________________________________________________________ PRESIDING: THE HONOURABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- X, born on [...], 2006 Child -and- A Mother -and- B Father ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act ______________________________________________________________________ JM2505 WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or a child’s parents to be identified.

Every person who contravenes this provision is liable to a fine (ss. 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection (the Director) asks the Court to declare that the security and development of the child are in danger due to neglect on an educational level and serious behavioural disturbances. [ 2 ] As principal measures, the Director recommends that the child be entrusted to an institution operating a rehabilitation centre for a period of four months and that the contacts between the child and his mother be following agreement between the parties.

The Director also recommends that the contacts between the child and his father be following agreement between the parties and following the child’s desire. [ 3 ] The parents agree with the recommendations. [ 4 ] The child asks to be entrusted to his mother as soon as possible. The child’s attorney proposes that the placement end on February 28 th 2021. FAMILY SITUATION [ 5 ] The mother is originally from [Country A] while the father is from [Country B]. The child was born in Canada. [ 6 ] The parents are separated since January 2019.

The mother has custody of the child further to interim measures from the Superior

Court. [ 7 ] Before his placement into a rehabilitation center, the child was living with his mother, his grandmother, his brother and his sister. [ 8 ] The father hasn’t seen his son for several months because of the restraining order dated August 2019. CONTEXT AND ANALYSIS [ 9 ] The child is verbally and physically violent. He refuses to go to school at College A. He feels pressure with regards to his grades. [ 10 ] The child is also irritable and has emotional instability. A psychological evaluation will proceed in the following days. [ 11 ] The mother has difficulties imposing her authority.

She explains that his siblings are not talking to the child in order to keep the peace at home. The relationship between the mother and the child has deteriorated. [ 12 ] On October 1 st 2020, the child was entrusted to a rehabilitation center following a provisional agreement. [ 13 ] During his placement, the child attended all of his school periods. With the accompaniment of an adult he can trust, he would be able to learn appropriate ways to name and express his emotions.

The child is an introverted teenager and has difficulty opening up. [ 14 ] Being in a rehabilitation center will help him understand the importance of structure and make him feel secure. It is important that he learns to respect his mother’s authority and that the mother imposes it properly.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the child are in danger for the following reasons: ➢ Neglect on an educational level; ➢ Serious behavioural disturbances; [ 17 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection until February 28 th 2021; [ 18 ] ORDERS that the contacts between the child and the mother be following agreement between the parties during the placement; [ 19 ] ORDERS that the contacts between the child and the father be following agreement between the parties and following the child’s desire; [ 20 ] ORDERS that the child and the parents take an active

part in the application of the measures; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the child and the family; [ 22 ] AUTHORIZES the reintegration of the child in his mother’s residence between December 28 th 2020 and February 28 th 2021 following agreement between the parties;; [ 23 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the measures ordered; [ 24 ] THE WHOLE for a period of one year, except for the placement. __________________________________ Lyne Morin , J.C.Q.

Mtre Adrienne Fournier-Sirois Counsel for the Director of Youth Protection Mtre Hélène Robitaille Counsel for the child Date of hearing: Judgment signed: December 15, 2020 December 17, 2020