2018 QCCQ 17121, 2018 QCCQ 17121

Protection de la jeunesse — 187868 2018 QCCQ 17121 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032100-174 DATE : October 30, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...] 2002 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 30, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered on February 6, 2018. [ 3 ] On August 3, 2018, the Tribunal ordered support measures on a provisional basis. [ 4 ] Today, the Director recommends that the adolescent remain entrusted to his mother’s care and that support measures be ordered until July 1 st , 2019. [ 5 ] The parents and the adolescent are in agreement with the Director’s plan.

Question in litigation [ 6 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 7 ] The adolescent remained entrusted to his mother’s care. [ 8 ] Contrary to the Court order and the Education Act, during the 2017-2018 school year, the adolescent has not attended school on a consistent basis. [ 9 ] The mother acknowledges her limits in ensuring that her son attends school every day. The parents are concerned about the adolescent’s anxiety associated with his school truancy.

He has not been taking his prescribed medication. [ 10 ] The adolescent participated in the Transition Diversion Program, which included respite periods. [ 11 ] The adolescent visited his father during weekends. The visits are reported as positive.

[ 12 ] On September 11, 2018, following a meeting with the youth protection worker, the adolescent made a commitment to attend school every day. Since then, he only missed school on three occasions. The adolescent’s efforts need to be recognized. Compared to the last school year, the situation evolved greatly. [ 13 ] The Director’s support remains necessary. The parents need to maintain a clear and consistent structure in order to ensure the adolescent’s school attendance. He should continue making the right decision of attending school regularly.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for extension; [ 15 ] DECLARES that the security or the development of the adolescent is still in danger; [ 16 ] EXTENDS and REVISES the order rendered on February 6, 2018; [ 17 ] ENTRUSTS the adolescent to the care of his mother; [ 18 ] ORDERS that the adolescent attend school on a regular basis; [ 19 ] RECOMMENDS that the adolescent be assessed for his anxiety and that he follows the recommendations of the assessment; [ 20 ] RECOMMENDS that the adolescent and his parents continue to follow up with the recommendations put in place by the adolescent’s health care professionals; [ 21 ] RECOMMENDS that the adolescent take his prescribed medication; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 23 ] THE WHOLE until July 1 st , 2019. [ 24 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on November 5, 2018 /cd Mtre Dominique Douglas Counsel for the Director of Youth Protection Mtre Christian Benoît Counsel for the adolescent Mtre Christophe Lafontant Counsel for the mother Mtre Karine Dallaire Counsel for the father Date of hearing: October 30, 2018