2016 QCCQ 16225, 2016 QCCQ 16225

Protection de la jeunesse — 167388 2016 QCCQ 16225 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000522-166 DATE: October 26, 2016 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on […], 2003 Child -and- A -and- B Parents/Respondents ______________________________________________________________________ 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 child’s parents separated several years ago and X has always lived with his mother. The father is not involved in the child’s life. [ 2 ] For many years, the mother has shared her life with a spouse who played a parental role toward the child. However, last August an altercation took place between the child and his step-father. Since that event, contacts are prohibited between that man and the child.

The couple’s relationship also came to an end. [ 3 ] The evidence also reveals that the child presents serious behavioural disturbances. He has frequent tantrums. When they occur, he screams, insults people, hits walls and breaks things. His aggressive behaviours have been present for a long time but increased lately. They take place at home, in school and with other people. [ 4 ] The family received help from the CLSC and a follow-up with a specialised educator since July 2016, but the situation did not improve. [ 5 ] The mother is not able to impose rules and consequences at home.

Consequently, the child does whatever he decides to do. Moreover, the mother fears her son’s crisis so she tries to prevent them. [ 6 ] After her last separation, the mother started a new relationship. The child blames her for not paying attention to him meanwhile. He feels left apart and his behaviour problems increase. [ 7 ] On September 12, the child fought with another student, in school. It was the second altercation he was involved in since the beginning of the school year. Things were also getting worse at home.

The child pushed his mother and kicked her in the legs. [ 8 ] Following those last incidents, the child was entrusted to a rehabilitation centre, on a provisional basis. He has remained there ever since. [ 9 ] The evidence convinces the Court that the child’s security and development are in danger because of his behaviour disturbances, because he suffers from neglect, as the mother fails to provide the appropriate support and because he suffers from

psychological ill-treatment (indifference from the mother). [ 10 ] Both the child and the mother agree with the measures suggested by the director of youth protection. They appear to be in the child’s best interest. The child must change his behaviour but there is also a lot of work to do on the mother’s side, in order to foresee the child returning home. [ 11 ] The mother and child love each other and are motivated to undertake steps to improve their situation, so there is hope for the future. WHEREFORE, THE COURT: [ 12 ] GRANTS the application for protection; [ 13 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 14 ] ORDERS that the child be entrusted to a rehabilitation center designated by the director of youth protection until January 31, 2017; [ 15 ] AUTHORIZES that the child benefit from a progressive integration in a foster family starting October 26, 2016; [ 16 ] ORDERS that the child be entrusted to a foster family on February 1, 2017 until September 30, 2017; [ 17 ] AUTHORIZES that the child, while in a foster family, be entrusted to a rehabilitation center, for a maximum of five consecutive days a month, as stopping time, with mother and child’s consents; [ 18 ] ORDERS that contacts between the child and his mother are determined following agreement between the parties; [ 19 ] ORDERS that the child and his mother benefit from external educator services as long as deemed necessary; [ 20 ] ORDERS that the child and his family actively participate in the application of the ordered measures; [ 21 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until September 30, 2017; [ 22 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Alexis Deschênes for the child Mrs. A the mother Mr. B the father (absent) Written judgment filed on October 28, 2016