2016 QCCQ 8452, 2016 QCCQ 8452

Protection de la jeunesse — 163767 2016 QCCQ 8452 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 30878-169 Date: May 20, 2016 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2000 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of May 20, 2016, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of a child is in danger in the case of X , a fifteen year-old adolescent, based on the physical abuse by his older brother and inappropriate discipline by his mother to which he is exposed as well as his serious behavioural disturbances. [ 3 ] The facts alleged in support of the motion dated March 15, 2016 are as follows: 3.1. as relevant information, the adolescent is, since June 19 th 2015, the subject of voluntary measures pertaining to him being victim of inappropriate physical discipline at the hands of the mother and the older brother, Y, as it appears more fully from the Agreement on Voluntary Measures filed as Exhibit D-1; 3.2. since the signing of the Voluntary Measures, the family has worked collaboratively with the educator assigned; 3.3. in the recent months, and since December 2015, the adolescent has been exhibiting behavioural difficulties, more particularly but not restrictively in that:

a) the adolescent does not respect parental authority;

b) the adolescent does not abide by the structure and rules of the home;

c) the mother often has to search for the adolescent in the community;

d) the adolescent is verbally inappropriate towards teachers;

e) the adolescent associates with negative peers;

f) the adolescent has been observed to wear a blue bandana which raises concerns about gang affiliation;

g) the adolescent consumes marijuana;

h) the adolescent has been suspended from school on several occasions and has been expelled from two different high schools due to his poor behaviour;

i) on March 8 th , 2016, the adolescent engaged in a verbal and physical altercation with a security officer while in a shopping center;

j) on that date, following a police intervention, the adolescent was arrested for resisting arrest, assault and uttering death threats; 3.4. the adolescent expresses wanting to address his substance consumption and has agreed to participate in the [Program A] (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing and considering more recent developments, the Director recommends that the adolescent remain entrusted to his parents with aid, counsel and assistance, as well as additional corrective measures, for a period of nine months. [ 5 ] The parents, who chose to proceed without the assistance of legal counsel, admitted most of the facts alleged in support of the motion.

They expressed their consent to all the proposed measures. [ 6 ] The adolescent, assisted by Me Benoit, admitted the majority of the facts alleged and also consented to the proposed measures. [ 7 ] The Director filed Exhibits D-1 to D-5 as evidence: D-1: Birth certificate; D-2: Agreement on voluntary measures, dated June 19, 2015; D-3: Court report, prepared by [Social Worker 1], date May 10, 2016; D-4: Police report, evenement #[...] (filed under s. 292 C.C.P.); D-5: Police report, evenement #[...] (filed under s. 292 C.C.P.). [ 8 ] In

summary, the facts are generally admitted and the family acknowledges the need for ongoing social services as certain small improvements are still very recent: X’s behaviour became increasingly problematic since he started being followed by Youth Protection. He is now followed under YCJA, and he breached his conditions twice within the same month that they were ordered. Despite Mr. and Mrs. B’s attempts to set limits, X has not consistently respected their parental authority (i.e. still associates with a peer they forbade him from seeing, disrespected curfew, would go out without permission).

Although X now respects his YCJA conditions, concerns remain about the possible evolution of his behavior given how recently this progress has been made. Furthermore, while Ms. [Social Worker 2] has been working with the family for several months, Mr. and Mrs. B only identified consequences for addressing any behavior problems as of late. Despite this recent progress, Mr. and Mrs.

B ability to consistently implement these consequences, and for X to respect them, has yet to be determined, given that X’ behavior has suddenly improved [2] (reproduced with errors and/or omissions). [ 9 ] Consequently, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well- founded and that the measures are in the adolescent's interest. THEREFORE, THE COURT: [ 10 ] GRANTS the motion; [ 11 ] DECLARES that the security and the development of the adolescent, X , are compromised under sections 38 (e) (1) and 38 (

f) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 12 ] ORDERS that the adolescent remain entrusted to the care of his parents; [ 13 ] ORDERS that the adolescent respect house rules and expectations to be determined with the delegate; [ 14 ] ORDERS that the adolescent attend school daily, complete the work, and respect the rules; [ 15 ] ORDERS that the parents ensure that the adolescent is not exposed to any form of physical abuse; [ 16 ] ORDERS that the parents not use physical correction to discipline the adolescent; [ 17 ] ORDERS that the family fully collaborate with the Director of Youth Protection, including advising Youth Protection of conflict or stressors within their environment; [ 18 ] ORDERS that the family continue to collaborate with an educator; [ 19 ] STRONGLY RECOMMENDS that the adolescent benefit from a substance abuse assessment, as soon as possible, and follow through with any recommendations that may be made; [ 20 ] RECOMMENDS that the adolescent benefit from psychological counselling, as soon as possible;

[ 21 ] ORDERS that a person working for [center A] provide aid, counsel and assistance to the adolescent and his family; [ 22 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] THE WHOLE for a period of nine months. TAYA DI PIETRO, Q.C.J. Me Myriam De Blois Attorney for the Director of Youth Protection Me Christian Benoit Attorney for the adolescent TD/vl