2018 QCCQ 12245, 2018 QCCQ 12245

Protection de la jeunesse — 182470 2018 QCCQ 12245 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » N° : 650-41-002880-181 DATE : March 28, 2017 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.Q.C. In the case of : X Young person and [Social Worker 1] Person authorized by the Director of Youth Protection Applicant and A Mother and B Father 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 ] The Court hereby confirms and motivates in writing the decision rendered on the bench on March 28 th , 2018, on an Application for protection regarding X (15 years old) . [ 2 ] On November 6 th 2017, it was reported to the Director of Youth Protection that the security and/or the development of the adolescent was in danger following physical abuse by his father.

On May 2010, the adoption of the teenager was finalized. [ 3 ] For some time, the teenager had behavioural problems, moving from his mother’s and father’s place to finally be entrusted to his biological grandmother. In May, while at his aunt’s place, he decided not to go to school.

His father was mad at him and used abusive language and hit him. [ 4 ] Since that time, the teenager has been staying at his biological grandmother’s place. [ 5 ] The father doesn’t meet his teenager's needs and refuses to collaborate with the youth protection social worker. [ 6 ] At first, the father denied what he did, and during an appointment, he insulted the social worker, blaming her and holding her responsible for the situation with the youth protection and the break-up of his family. [ 7 ] The mother is now living in City A and because of her son's behavioural problems, she cannot take him with her. [ 8 ] The teenager wants to be entrusted to his biological grandmother and he doesn’t want to go back to his adoptive parents'. [ 9 ] The relation between the father and the teenager is broken and for the moment, he doesn’t want to talk to him even if his father has reached out to him. [ 10 ] X is a teenager who's physical and intellectual development resembles that of a teenager his age.

His general health condition is good.

[ 11 ] X is in 8 th grade in [Scholl A]. He is diligent and offers good academic results.

In addition to some isolated events where he is disrespectful towards his teachers, no behavioural problem is raised by the school environment. [ 12 ] Considering his age and the positive evolution of his development, his vulnerability is considered low. [ 13 ] The Court concludes that the adolescent’s security and development remain in danger due to neglect in terms of educational needs, especially inappropriate reactions to the child’s behaviour by the father. [ 14 ] The application, to which the parties consent, is in the best interest of the adolescent, and thus should be granted.

FOR THESES REASONS, THE COURT : GRANTS the present application; DECLARES that the security and the development of the teenager is in danger; ENTRUSTS the teenager to his biological grandmother C for a period of six months; ORDERS that a person working for an institution or body provides aid, counselling and assistance to the teenager and the teenager’s family for the same period; ORDERS that the contacts between the teenager and his father take place after an agreement with the Director of Youth Protection to ensure the satisfaction of the teenager’s needs and interest; ENTRUSTS the situation of the adolescent to the Director of Youth Protection for the execution of the present order. __________________________________ LOUISE GALLANT, J.C.Q.

M e Dominic Cormier Attorney for the Youth Protection M e Chantal Gaudreau Attorney for the child M e Marie-Josée Bernier Attorney for the mother Date of hearing: March 28, 2018