2020 QCCQ 3705, 2020 QCCQ 3705

Protection de la jeunesse — 203690 2020 QCCQ 3705 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000483-153 DATE: July 8, 2020 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2002 Adolescent -and- A -and- B Parents ______________________________________________________________________ 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 director of youth protection (DYP) asks the Court to revise the order rendered on December 5, 2019, in respect of the adolescent. [ 2 ] At the hearing, the mother and the adolescent are present, but only the latter is represented by a lawyer. [ 3 ] In December of 2019, the Court entrusts the adolescent to a rehabilitation center.

At the time, some issues concerning him were worrisome notably alcohol and marijuana abuse as well as behavioral problems. [ 4 ] Since then, the situation as evolved positively. The adolescent shows some changes, even if, during that period the activities have been restricted due to the pandemic (Covid-19). In fact, that was beneficial for him, he had the time to think things over and kept himself busy. [ 5 ] During the winter, he shovelled roofs in the community. He does it very well and plans to work during the summer. He completed his meetings with his addictions counsellor.

He has continued his follow-ups with the external educator until recently considering the change of job of the professional in question. He must continue his follow-ups in order to maintain his achievements. [ 6 ] The adolescent is doing well in school and recently graduated from high school. He has plans for his future and will attend college in the fall. His outings with the mother and the grandmother went very well. There were no concerns regarding being under the influence or respecting the curfew.

He helps his mother around the house and even participates in the construction of a fence at her house. [ 7 ] The parents are implicated in the adolescent’s life and they support him. His relationship with them is punctuated by ups and downs. The mother can provide a structured home, but sometimes the adolescent does not agree with the rules put in place. The latter wishes to work it out with his mother without services from the DYP.

As for the father, the adolescent describes their relationship as being typical. [ 8 ] Even if the adolescent situation improved, he still requires ongoing services, support and guidance until he reaches his majority. Let’s not forget that the DYP has been involved in his life for many years. We cannot put aside his past history and that his issues are not completely resolved. However, the parents are willing to work together to ensure proper guidance regarding their son’s future.

For this reason, a measure in a rehabilitation unit is not appropriate anymore considering the improvements demonstrated through the month by the adolescent. The mother’s environment is suitable for his needs. He will turn eighteen soon, he must be prepared for this new stage in

his life, surrounded by his family who collaborates well with the services. [ 9 ] The evidence demonstrates that the application is well founded. The security and development of the adolescent are still in danger. Considering the admissions, the consent of the mother as well as the adolescent with the measures suggested by the DYP, the application is well founded. Furthermore, they appear to be in the adolescent’s best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 10 ] GRANTS the application for revision of order; [ 11 ] DECLARES that the security and development of X are still considered to be in danger, according to

section 38 of the youth protection act ; [ 12 ] REVISES the court rendered on December 5, 2019, in the present file; [ 13 ] ENTRUSTS that the adolescent to his mother; [ 14 ] AUTHORIZES that the adolescent benefits from respite in a rehabilitation centre designated by the establishment operating the child and youth protection centre, for periods not exceeding five (5) days per month, if the situation requires it; [ 15 ] ORDERS that the parents report to the DYP whenever required on the measures they apply to themselves and to their son to put an end to the situation of endangerment; [ 16 ] ORDERS that the adolescent and his parents benefit from outpatient rehabilitation services as long as deemed necessary by the DYP; [ 17 ] ORDERS that the adolescent and his parents actively participate in the application of the measures ordered; [ 18 ] AUTHORIZES the professionals involved with the child and their parents to exchange the information relevant, and this, in the interest of the child; [ 19 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until [...], 2020; [ 20 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother Mr. B the father (absent) Written judgment filed on July 10, 2020.