2018 QCCQ 19451, 2018 QCCQ 19451

Protection de la jeunesse — 1810762 2018 QCCQ 19451 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 635-41-000815-172 DATE: October 30, 2018 (written judgment rendered on December 12, 2018) ______________________________________________________________________ BY THE HONOURABLE PEGGY WAROLIN J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on [...] 2002 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in [...] Applicant and A, residing and domiciled at [...] Mother and B, residing and domiciled in [...] ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 (Director) asks the Court to revise a decision rendered on September 5, 2018, regarding the adolescent X, born on [...], 2002.

At that date, the Court declared the security and development still in danger and ordered that the youth remains with his mother with aid, counsel and assistance until June 30, 2019. [ 2 ] The Director asks the Court to revise the decision and recommends entrusting X to a rehabilitation centre with a reintegration with his mother as soon as the situation allows it. [ 3 ] The mother is present and represented. She recognizes that the security and development of the youth are still in danger and she agrees with the measures. [ 4 ] The interested party is absent but represented.

He recognizes that the security and development of the youth are still in danger and he agrees with the measures. [ 5 ] X who is now 16 years old is present and represented. He admits most of the alleged facts and he agrees with the measures. Historical situation [ 6 ] On October 13, 2017 , the Court is seized of the situation of X. At that time, he was living with his mother but saw his father, the interest party, every day.

He displayed violent behaviours with his mother and at school, he consumed drugs and alcohol and was expelled from school permanently. [ 7 ] It was pointed out that the father has a bad influence on him and consume with him. The mother was doing her best but nothing changed. The adolescent was living for a while with his grandmother who is more permissive than the mother. [ 8 ] X has been evaluated by the child psychiatrist who recommends a deeper evaluation. He received a prescription for Concerta which was beneficial but he did not take his medication regularly.

The Court noted that despite those facts, X has strengths. After a crisis he feels remorse. [ 9 ] At that date, the Court declared that the security and development of X are in danger because of his serious behavioural disturbance, entrusted him to a rehabilitation centre until August 17, 2018, and authorized the youth’s return to his mother’s care after the end of the school year if the situation allows it. [ 10 ] On September 5, 2018 , the adolescent was back with his mother since June 2018, and an external educator was provided. The situation remained fragile and X was easily influenced.

The Court homologated a draft agreement and maintained X with his mother with aid, counsel and assistance until June 30, 2019.

[ 11 ] On October 4, 2018 , on provisional measures, the Court entrusted X to a rehabilitation centre until the present hearing. Facts [ 12 ] Two weeks after the homologation of the draft agreement, the Director filed a motion for revision. X admits that he does not collaborate with the Youth Protection worker and also threatened her. [ 13 ] At school, X displays aggressive behaviours but he was not expelled yet because the school staff express to be too scared of him. [ 14 ] The Director alleges, and it’s admitted by X, that he is not living with his mother for several weeks.

The revision report dated from September 23, 2018, mentioned that “X has not stayed with his mother for over a month and half. He stays with his undeclared father, knowing that the Court ordered measure is for him to stay with his mother.” [ 15 ] X is still close to his undeclared father. He sees him frequently and was arrested for driving dangerously in the presence of his father. They also consume together. Analysis [ 16 ] The evidence shows that the situation which was described as fragile at the beginning of September 2018 was finally worst.

When the Director presented the motion to Justice Beauchemin, he was not aware that X was not living with his mother for one month and half. What would have been the decision if this information had been provided to the Court? [ 17 ] Considering that X really need specialized services and considering the consent of the parties, the Court grants the petition. But the Court reminds that a motion for revision should raise news facts, not unknown facts because the appropriate investigation was not done. [ 18 ] Efforts should be done to use the judicial resources properly.

FOR THOSE REASONS, THE COURT: [ 19 ] GRANTS this application; [ 20 ] DECLARES that the security and development of the youth X, born on [...], 2002, continue to be in danger; [ 21 ] ENTRUSTS X to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre, including his reintegration with his mother as soon as the situation allows it; [ 22 ] ORDERS that the contacts between the youth, the mother and Mr.

B be supervised by the Director of Youth Protection as for the modalities and the frequency; [ 23 ] ORDERS that those contacts be as frequent as possible; [ 24 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in her youth’s regard to put an end to the situation in which the security and development of the youth are in danger; [ 25 ] ORDERS that the adolescent and his family receive the services of an external educator when back under his mother’s care; [ 26 ] ORDERS that the youth and the family take an active

part in the application of any of the measures designed to put an end to the situation in which the security and development of the youth are in danger; [ 27 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the adolescent and his family; [ 28 ] ORDERS that the adolescent receive specific health care and services, such as a follow-up with a child psychiatrist, and that the recommendations be followed; [ 29 ] ORDERS that the adolescent attend school or another place of learning or participate in a program geared to developing skills and autonomy; [ 30 ] Considering the consent of the undeclared father, ORDERS that Mr.

B seek help through the Social Services concerning his alcohol, drugs and personal issues; [ 31 ] ORDERS that Mr. B remain sober in the presence of the youth; [ 32 ] ORDERS the police to collaborate to the execution of the enactment; [ 33 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 34 ] THE WHOLE until August 9, 2019.

__________________________________ PEGGY WAROLIN , J.C.Q. Me Geneviève Apollon, attorney for the Director of Youth Protection Me Cassandra Neptune, attorney for the child Me Angèle Tommasel, attorney for the mother Me Marianne Léonard, attorney for the interested Party Date of hearing: October 30, 2018