r v. A, 2014 QCCQ 17987

Protection de la jeunesse — 145895 2014 QCCQ 17987 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004716-141 DATE: August 27, 2014 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 1997 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A 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 presents a motion for protection concerning X, born on [...], 1997. [ 2 ] The motion alleges that the security and the development of the adolescent are in danger in reason of his serious behavioural disturbances.

Amid various measures of aid and support for three months, the Director seeks the reintegration of the adolescent in his home environment, following a provisional period of placement in a reception center. [ 3 ] The parties consign their admissions to the Court file and agree to the amended conclusions sought by the Director. [ 4 ] Analysis and decision [ 5 ] At the time of the initial evaluation by the Director of Youth Protection, the adolescent resides with his mother. [ 6 ] In this milieu, the adolescent exhibits persistent behavioural difficulties, namely drug use and violence, both verbal and physical.

He resists rules and consequences. In the process of seeking his autonomy, he places himself in high-risk situations endangering his security and development. [ 7 ] The relationship between the adolescent and his mother is regularly conflictual.

Overwhelmed by her son's behaviours, the mother shows inconsistencies as to the application of her parental authority, vacillating between intransigence and permissiveness. [ 8 ] Although the father is sensitive to his son's difficulties, he chooses to distance himself from the situation, in view of his health issues and an ongoing parental conflict. [ 9 ] In June 2014, the parties consent to the application of voluntary measures.

More notably, the services of an educator are put in place to work towards helping X stem his drug consumption, express his anger in appropriate ways, while concurrently accompanying the mother in exercising her parental authority in a coherent and constant manner. Specific contracts are put in place. [ 10 ] Initially, the adolescent adheres to the agreements in place, but this situation is short-lived. The adolescent states that his mother's rules are restrictive and rigid. Progressively, he reinvests his previous behaviours of opposition to the household rules and lies as to his whereabouts and activities.

In July, the police arrest the adolescent for possession of hashish. [ 11 ] On July 20 th , the mother expulses her son from the home, citing no longer being able to neither trust him, nor structure him adequately. He makes living arrangements and continues to go to work, and the parties concede that the situation is tenable. One week

later, the Director applies emergency protective measures following the adolescent's admission of frequenting a bar, staying out all night and consuming cocaine. Consequently, as of July 25, 2014, the adolescent resides in a reception center. [ 12 ] In this environment, the adolescent demonstrates exemplary behaviours.

He cooperates with the intervention and participates in various services designed to counter his behavioural challenges: ➢ Alcoholics Anonymous meetings; ➢ Anger management; ➢ Undertakes an evaluation with Foster's Pavilion , in regards to his drug consumption; [ 13 ] The parent's testify to the effect that the period of placement brings about positive changes in their son, and more importantly, realizations as to the consequences of his behaviours.

All are confident that it is possible to envisage the adolescent's return to his family environment, with measures of aid and support. [ 14 ] The father agrees with the orientation. He wishes to solidify his bond with his son and requests the support of the Director of Youth Protection, in this regard. [ 15 ] At the Court's request, X and his mother proceed to the elaboration of a clear contract of home rules, destined to avoid ambiguities as to the expectations in regards to maintaining a serene and functional environment. The parties produce this contract in the Court file and agree to adhere thereto (E-1).

On a more specific basis, the Court notes that the adolescent agrees to the following: ➢ Pursue schooling; ➢ Find and keep part-time work; ➢ Participate in a team sport; ➢ Attend counselling and AA meetings weekly; ➢ No drug use; [ 16 ] The evidence underlines a family dynamic in dysfunction, where trust, structure and relationships have been sorely challenged. Although X shows being able to respect a clear and coherent structure, what remains is his integration of the importance of adopting pro- social behaviours, especially in this crucial

preamble to adulthood.

The persistence of his behavioural issues demonstrates that this step has yet to be acquired, justifying the pursuit of protective measures towards further accompanying the adolescent in his reflections. [ 17 ] After taking into consideration the parties' admissions as well as the documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 18 ] FOR ALL THESE REASONS, THE COURT: [ 19 ] GRANTS the motion for protection; [ 20 ] DECLARES that the security and development of the adolescent are in danger in reason of serious behavioural disturbances; [ 21 ] ORDERS that the adolescent be maintained in his family environment; [ 22 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the adolescent and his family for 3 months; [ 23 ] TAKES ACT of the home contract signed by the mother and the adolescent and dated August 27, 2014 (produced in evidence under E-1); [ 24 ] TAKES ACT of the parties agreement to adhere to the said home contract; [ 25 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Sarah Gaudry Staub Attorney for the Petitioner Me Johanne Leduc Attorney for the adolescent Date of hearing: August 27, 2014