2018 QCCQ 19962, 2018 QCCQ 19962

Protection de la jeunesse — 1811230 2018 QCCQ 19962 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005416-170 DATE: December 20, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2004 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A Parent ______________________________________________________________________ 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 ] In view of a situation of endangerment stemming from neglect and psychological ill-treatment, on September 4, 2018 the Court orders the application of various protective measures for one year in regards to the adolescent X. These measures include his placement with a third party, namely Ms.

B. [ 2 ] Alleging that the adolescent can no longer be maintained in his substitute environment, the Director of Youth Protection requests the revision of this order and his placement in a rehabilitation center, the whole in view of an eventual reintegration with his mother. [ 3 ] Both the adolescent and his mother subscribe to the evaluation and orientation presented by the Director. [ 4 ] Analysis and decision [ 5 ] Shortly after the last judgment, X’s behavioural issues resurge. He fails to respect rules put in place on a repeated basis and opposes Ms. B’s authority.

Conflicts eventually occur on a daily basis. The communication with his foster mother becomes increasingly difficult to eventually cease altogether. [ 6 ] Services and accompaniment are offered to resolve the issues, but neither X nor Ms. B show interest in such. At the end of October, Ms. B requests that X leave her care. It is pertinent to note that this is the second period during which X resides with Ms. B which ends in removal. [ 7 ] Although X doesn’t quite understand the reasons for his removal, he agrees to his integrating a rehabilitation center.

Informed of the developments in her son’s situation, the mother also subscribes to this orientation. [ 8 ] As such, X resides in a group home setting since November 16, 2018. He functions well in this environment. He complies with the rules and remains discreet within the interventions. Regular contacts occur with his mother. [ 9 ] The primary objective remains that X return to live with his mother, but trust issues remain an impediment to such.

The parties recognize that an eventual reintegration is contingent on their continued work on the rehabilitation of their relationship. [ 10 ] X has many qualities which he can depend on to further his future plans (football, scholarship, etc.). Despite these, he repeatedly puts obstacles in his passage with questionable choices and priorities. Will he be able to recognize the need to adopt socially acceptable behaviours and respect authority? Such will also be required to anchor his development and allow him the full focus he needs to go forward.

[ 11 ] As such, the Court endorses the conclusions sought, which reflect the adolescent’s best interests while respecting the objectives of the law. [ 12 ] FOR ALL THESE REASONS, THE COURT: [ 13 ] GRANTS the application for the revision of a Court order; [ 14 ] DECLARES that the security and the development of the adolescent are still in danger; [ 15 ] REVISES the Court order rendered on September 4, 2018; [ 16 ] ENTRUSTS the adolescent to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 17 ] PERMITS a reintegration to the adolescent in his maternal environment as of June 15, 2019; [ 18 ] ORDERS that the adolescent and his mother take an active

part in the application of the measures ordered; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 20 ] ALL THESE MEASURES for one year, except for the placement; [ 21 ] ENTRUST the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Catherine St-Yves Attorney for the Applicant Me Karine P. Poissant Attorney for the adolescent Date of hearing: December 20, 2018