2017 QCCQ 9692, 2017 QCCQ 9692

Protection de la jeunesse — 174042 2017 QCCQ 9692 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000482-155 DATE: May 3, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2000 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 and extend the order rendered on November 30, 2016, in respect of the adolescent. [ 2 ] At the hearing, the mother is present and duly represented. She admits most of the facts and agrees with the measures proposed by the DYP. She also consents to the filing of the reports to value as testimony of its author.

Despite the father was duly served, he is not present. [ 3 ] The adolescent is present and also represented by a lawyer. His counsel also expresses his agreement towards the facts related. Moreover, he consents to the conclusions suggested by the DYP and the filing of the report to value as testimony of its author. [ 4 ] The adolescent is sixteen years old. He is diagnosed with an attention deficit disorder (ADHD), resulting in impulsiveness and over active behaviour. He is medicated. [ 5 ] On November 30, 2016, he was entrusted to a rehabilitation center until May 30, 2017.

At the time, he did not respect his curfew, was skipping classes and demonstrated less interest in making changes. He also stopped taking his medication for ADHD. [ 6 ] At the beginning of the measure, the worker described in her psychosocial report, the issues concerning the adolescent as followed: “He is having difficulties with respecting women and struggles with a magnitude of limitations and boundaries.

X does not recognize his demeanour towards women nor respecting the limitations of personal space and female adult authority [1] .” [ 7 ] At first in [unit A], the adolescent struggled to adapt with the structure and routine. He demonstrated some resistance with a few rules. His behaviour and attitude are inconsistent. [ 8 ] As mention in the [unit A] report, he has highs and lows. He challenges the adult’s authority and is oppositional to instruction or guidance. However, he can also be charming in order to obtain something. Overall he accepts his placement. [ 9 ] Since then, the adolescent made some progress.

His behaviour in the rehabilitation unit is acceptable. He follows most of the

directives but supervision, reminders and encouragement are required. His attitude is more positive and he respect adult authority. He exhibits patience when dealing with younger peers. [ 10 ] The adolescent meets on a weekly basis with an external educator regarding his anger management and his lack of respect towards women. He is consistent in his involvement with external services. [ 11 ] He is attending Campbellton Learning Center on a daily basis.

He makes efforts in some subjects but he seems to have an issue with one teacher. [ 12 ] The father had a few contacts with his son in November and in December 2016. Since then the youth put an end to those visitations. He was not feeling welcome into his father’s environment. Also, he did not get along with his father girlfriend. [ 13 ] On the mother’s side, she did seek help. She demonstrates some improvement concerning her capacity to apply discipline and structure. She makes herself available for her son and visits him often.

Moreover, she works in order to build a stronger and healthier connection between them. [ 14 ] The relationship between mother and son did improve but a lot of work still remains ahead. They have contacts on a weekly basis and they are doing well. They are in the process of rebuilding their bond. The mother even made him his own bedroom in the house. [ 15 ] Even though a few improvements have occurred, the youth still has to deal with many problems. He remains at risk in regards of inappropriate behaviour towards women.

He has to pursue his follow up in order to resolve his issue with the help and support of his mother. [ 16 ] Considering this, the adolescent still needs structure but also requires guidance, support and supervision. However the mother and the adolescent were able during his placement to acquire some tools to help them through their everyday difficulties. However, pursing the different follow-ups required will enhance the chance of a successful return in the maternal home. [ 17 ] The evidence reveals that the security and development of the adolescent are still in danger.

Under the circumstances, the application is well founded. The suggested measures appear to be in the best interest of this adolescent. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 18 ] GRANTS the application for revision and extension or order; [ 19 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 20 ] REVISES AND EXTENDS the Court order rendered on November 30, 2016; [ 21 ] ORDERS that the adolescent be entrusted to his mother, A, until May 30, 2018; [ 22 ] AUTHORIZES respites not exceeding five consecutive days per month in a Rehabilitation center; [ 23 ] ORDERS that the adolescent and his mother benefit from an external educator to learn coping and communication skills; [ 24 ] RECOMMENDS that the adolescent receive a psychological assessment and counselling if deemed necessary; [ 25 ] RECOMMENDS that the adolescent participate in an addiction assessment and counselling if deemed necessary; [ 26 ] RECOMMENDS that the father remain involved with the adolescent through regular visitations; [ 27 ] RECOMMENDS that the mother continue to actively participate with an external educator for support in parenting, discipline and structure; [ 28 ] ORDERS that the adolescent and the mother participate in the application of the measures intended to put an end to the situation of endangerment; [ 29 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the adolescent and his family until May 30, 2018; [ 30 ] 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 order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Réal Grenier

for the adolescent Me Alexis Deschênes for the mother Mr. B the father (absent) Written judgment filed on May 9, 2017