2021 QCCQ 9301, 2021 QCCQ 9301

Protection de la jeunesse — 215508 2021 QCCQ 9301 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division »

N o : 105-41-000509-209 DATE : July 6, 2021 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2006 Adolescent -and- A -and- 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 ] The director of youth protection (DYP) asks the Court to revise and extend the order rendered on November 17, 2020, in respect of the adolescent in order to entrust him to his mother. [ 2 ] In the judgment render on February 20, 2020, the court declares that the security and development of the adolescent is in danger according to

section 38b)1 o iii of the Youth protection act (Y.P.A.) . This judgment was revised and extended on November 17, 2020. Today, the DYP asks again to revise and extend the last measures ordered and that a motive will be added under

section 38f), because of a situation of serious behavioural disturbance. [ 3 ] At the hearing, the mother is present and the adolescent is absent. However, they are assisted by their lawyer. They both agree with the addition of the new motive, and with the recommendations sought by the DYP. [ 4 ] A dispense from notification of the application to the father is granted, considering that he is absent from the adolescent’s life.

The latter cannot be found, even after a search done by an investigation company. [ 5 ] Since the last measures ordered, there is little progress in the adolescent’s situation, it has even worsened. He only attends school in the morning, and his mother picks him up at lunch time or even before when he or the school calls. It seems that the latter feels anxious and cannot control himself in class after the morning. He enjoys doing his homework at his house.

However, at school it is mentioned that he does not bring back the homework he does at home neither works in class. [ 6 ] The adolescent has difficulty respecting authority, and he does what he wants without worrying about the rules put in place. He is disrespectful with the teachers and his peers. He even got suspended because of his behaviour. The school staff lack of resources to help them behave and succeed in class. [ 7 ] The adolescent does not take responsibility for his actions and tends rather to blame the teachers. The mother encourages him with the same speech.

It seems that the family does not receive the identical information that the DYP receives from the school. It is hard to know what is really going on. However, the youth delegate observes that the school staff minimizes the facts, when they are addressed to the mother compared to what they communicate through the DYP. [ 8 ] On March 18, 2021, a new behavioural intervention plan for the adolescent is put in place at school with the mother’s participation. This plan includes consequences for targeted behaviours and reward for respecting the rules. To date, he has not received

any rewards and has been the subject of three suspensions in connection with the non-respect of this agreement. [ 9 ] The adolescent has a problem of verbal violence, and he is impulsive, which creates impacts in his school environment and affects its functioning in class. [ 10 ] The latter wishes to make some efforts regarding school. He wants to apply more himself as well as going longer to school such as going a full day at least twice a week.

Despite, his good intentions, they do not materialize. [ 11 ] However, the adolescent agrees to have a follow-up once every three weeks to work on the management of his emotions and anger. Recently, his medication was changed to help him to deal with his fidgetiness and impulsivity.

The goal is for the adolescent to have a successful half-day of school before starting full days, which is an anxiety factor for the latter and prevents him, to concentrate on the right objectives. [ 12 ] The youth delegate sums up the adolescent’s situation in her psychosocial report, as hereby reproduced : “Since X has to cope with the diagnoses, of anxiety as well as attention deficit and hyperactivity disorder with impulsivity, his vulnerability will continue to be high compared, to other youths of the same age.

Therefore, he needs to receive help from professionals and adults around him to ensure his proper development. [1] ” [ 13 ] The evidence demonstrates that the security and development of the adolescent are still in danger. [ 14 ] Considering the evidence adduces and the consents of the parties, the application is well founded. Furthermore, the measures suggested by the DYP appear to be in the best interest of the adolescent.

FOR THESE REASONS AND THOSE EXPRESSED VERBALLY AT THE HEARING, THE COURT: [ 15 ] DISPENSES the notification of the application for revision and extension of order to the father; [ 16 ] GRANTS the application for revision and extension of order; [ 17 ] REVISES AND EXTENDS the court order rendered on November 17, 2020; [ 18 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38b)1 o iii as well as 38f) of the Youth protection act ; [ 19 ] ORDERS that the adolescent be entrusted to his mother; [ 20 ] ORDERS that the adolescent attends school; [ 21 ] ORDERS that the adolescent receive all the health care and social services required by his situation; [ 22 ] ORDERS that the mother and the adolescent reports to the DYP when required on the measures apply to themselves to put an end to the situation that compromises his security and development; [ 23 ] ORDERS that the adolescent and his mother actively participate in the measures ordered; [ 24 ] ORDERS that a person working within an organization or in an establishment provide aid, counsel and assistance to the adolescent and his family until March 31, 2022; [ 25 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A to execute the present judgment; [ 26 ] ORDERS that the persons concerned by this order to comply with it. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the adolescent

Me Alexis Deschênes for the mother M. B (absent) the father Written judgment filed on August 2, 2021.