2016 QCCQ 6587, 2016 QCCQ 6587

Protection de la jeunesse — 162757 2016 QCCQ 6587 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 640-41-001948-154 DATE: May 5 th 2016 ______________________________________________________________________ PRESIDING: THE HONOURABLE JEAN GRAVEL, J.Q.C. ______________________________________________________________________ IN THE MATTER OF: X, born on [...] 2001 Child [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in Town A Applicant and A, residing and domiciled in Town B, Quebec, district A Mother and B , residing and domiciled in Town B, Quebec, district A Father ______________________________________________________________________ JUDGMENT (

Section 38 Youth Protection Act , R.S.Q. c. P-34.1) ______________________________________________________________________ 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 submits that the security and development of the child, X, are in danger. [ 2 ] The child and the father were present in Court on May 5 th 2016.

They admitted some of the allegations but did not agree with the measures proposed by the Director. [ 3 ] The mother was notified of the proceedings but did not come to Court. [ 4 ] The Director asks that the child be entrusted to a rehabilitation centre. [ 5 ] The Motion for protection was drafted in November 2015 but could not be discussed prior to today. [ 6 ] The child will be 16 years old next August. [ 7 ] He has been demonstrating serious behaviour difficulties putting himself in danger for many months now. [ 8 ] He can be very aggressive, has made suicidal threats and consumes drugs and alcohol. [ 9 ] He is often absent from school. [ 10 ] The parents have been asking for help for their son because of his behaviour for more than two years. [ 11 ] The child does not have stable living conditions.

He had to move from his father’s domicile to his aunt’s domicile, then to his uncle’s domicile and finally to his mother’s domicile in the last weeks. [ 12 ] The child’s situation is becoming out of hands.

[ 13 ] The father says that he is not overwhelmed with his son’s situation. He wants to take care of him. He says that his son can listen to him. [ 14 ] He says that all his son’s problems started when the mother left the household two years ago. [ 15 ] The child might have problems to deal with his emotions but right now, the way he expresses his distress puts him in danger by acting out and getting out of control. [ 16 ] He needs professional help which can only be offered to him in a structured environment because of his age and considering the extent of his behavioural problems.

FOR ALL THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of the child, X, are in danger in virtue of

section 38

f) of the Youth Protection Act ; [ 19 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre with a possible reintegration with the parents at any moment if the situation allows it; [ 20 ] ALLOWS the child to remain with his father until his acceptance at the reception centre at the last May 10 th 2016; [ 21 ] ORDERS that the services of an external educator be offered to the parents and to the child should the child be allowed to reintegrate the domicile of either one parent; [ 22 ] ORDERS that the child and the parents take an active

part in the application of the measures; [ 23 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 24 ] ORDERS that the child attend school or another place of learning or participate in a program geared to developing skills and autonomy; [ 25 ] ORDERS that a person working for an institution or body provide aid, counsel and assistance to the child and the family; [ 26 ] ORDERS the police to collaborate to the execution of the enactment; [ 27 ] ENTRUSTS the situation of the child, X, to the Director of Youth Protection for the execution of the measures; [ 28 ] THE WHOLE until November 30 th 2016. __________________________________ JEAN GRAVEL, J.Q.C.

Mtre Donald Bourget, Attorney for the applicant Mtre Marie-Claude De Gagné, Attorney for the child Mtre Yan Massé, Attorney for the mother Mtre Angèle Tommasel, Attorney for the father