2018 QCCQ 15786, 2018 QCCQ 15786

Protection de la jeunesse — 186647 2018 QCCQ 15786 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005416-170 DATE: September 4, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2004 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Applicant v.

A Parent ______________________________________________________________________ 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 January 10, 2018, the Court renders a protective order as concerns the adolescent X stemming from educational neglect and psychological ill-treatment. [ 2 ] The Director of Youth Protection seeks the extension and revision of protective measures for one year, including that he reside in an alternate family environment while receiving aid and counsel. [ 3 ] Both X and his mother subscribe to the Director’s evaluation and proposed orientation. [ 4 ] Analysis and decision [ 5 ] Until July 5, 2018, X resides in a rehabilitation center. [ 6 ] Few contacts occur with his mother and their relationship remains strained.

Ms. A names preferring short contacts with her son, as she is uncomfortable having to deal with her son’s behaviours. Despite this, she remains active and involved in her son’s situation. [ 7 ] X maintains more regular contacts with Ms B, the manager of his football team. Last year, he had resided for a short time with Ms B, but his behaviours had been too challenging, resulting in the decision to entrust him in a rehabilitation center. [ 8 ] In the rehabilitation center, numerous behavioural issues remain, with opposition, delinquency and anger management being particularly problematic.

As to his schooling, despite the fact that his behaviors impede his progress, X demonstrates an interesting potential. [ 9 ] X remains much invested in football and thrives in this arena. [ 10 ] Before the upcoming end of the measures, the parties jointly recognize that X’s return home is not viable in view of the challenges in place. As his contacts with Ms B remain positive, the parties decide that X return anew at the end of the school year.

Consequently, on July 5, 2018, the Court endorses this position on a provisional basis. [ 11 ] Ms B testifies that X is functioning well and respecting the structure and rules in place. She observes that he seems to have a better mind set since his last passage in her home and is more receptive to limits. [ 12 ] X will soon be reintegrating a new school and the next year will serve to verify his ability to maintain positive behaviours as

well as reach his academic potential. On a parallel basis, there is the need to continue working the mother/son relationship always towards the objective of X returning home. [ 13 ] After evaluating the evidence and in view of the parties’ consent, the Court endorses the conclusions sought by the Director of Youth Protection. [ 14 ] FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the application for protection; [ 16 ] DECLARES that the security and development of the adolescent are still in danger; [ 17 ] ENTRUSTS the adolescent to Ms.

B; [ 18 ] ORDERS that the contacts between the adolescent and his mother be following agreement between the parties; [ 19 ] ORDERS that the adolescent and his mother take an active

part in the application of the measures ordered; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 21 ] ALL THESE MEASURES for one year; [ 22 ] ENTRUSTS the situation of adolescent to the Director of Youth Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Pascale Boucher Attorney for the Applicant Me Karine P. Poissant Attorney for the adolescent Date of hearing: September 4, 2018