2018 QCCQ 19998, 2018 QCCQ 19998

Protection de la jeunesse — 1811262 2018 QCCQ 19998 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005732-188 DATE: October 19, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2001 Child ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant 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 seeks the revision of the various measures put in place by the Court on August 24, 2018 in regards to the adolescent X in relation to his serious behavioural issues. These measures, applied until his majority, include his remaining in his family environment. [ 2 ] Despite the services and accompaniment offered to the adolescent and his family, his situation remains highly volatile.

Multiple crises occur in the family environment, in relation to X’s violent and rebellious behaviours. On two occasions, police interventions are necessary. [ 3 ] Although the parents cooperate with the interventions, they do not consistently apply the guidelines as to structure and appropriate responses to their son’s behaviours and specific challenges (autism spectrum disorder). [ 4 ] On September 5, 2018, the parents refuse to take their son back in their care after an incident in which X is violent towards his mother and sister, and also breaks objects in the home.

A police intervention is required during which it is necessary to have recourse to extraordinary measures (pepper spray) to subdue the adolescent. [ 5 ] Since that time, the adolescent remains in a rehabilitation center able to respond to his specific needs. This is the second episode of placement in the last year (summer 2018). [ 6 ] In this context, X functions generally well. He also continues to attend a specialized school.

A change of medication also has beneficial effects on his behaviours. [ 7 ] With the objective of promoting X’s return home and in view of his impending majority, the work is now geared towards transferring to the home environment the consistent structure and routine which surround him in the placement setting. As of now, the parents struggle with this. [ 8 ] The Director seeks the adolescent’s continued placement until his majority, with the possibility of a progressive integration in his family environment.

The parents subscribe to the Director’s evaluation and proposed orientation, as does the adolescent’s attorney, under her legal mandate. [ 9 ] The Court endorses the conclusions sought, which are the reflection of the adolescent’s interests as well as the objectives of the law.

[ 10 ] FOR ALL THESE REASONS, THE COURT: [ 11 ] GRANTS the application for the revision of a Court decision; [ 12 ] DECLARES that the security and the development of the adolescent are still in danger; [ 13 ] REVISES the order rendered on August 24, 2018; [ 14 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 15 ] AUTHORIZES the progressive and/or complete reintegration of the adolescent in his family environment starting November 27, 2018, upon agreement between the parties; [ 16 ] ORDERS that the contacts between the adolescent and his parents be following agreement between the parties; [ 17 ] ORDERS that parents take an active

part in the application of the measures ordered; [ 18 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 19 ] ALL THESE measures until the adolescent’s majority, January 27, 2019; [ 20 ] ENTRUSTS 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 Anne-Catherine Bujold Attorney for the Applicant Me Karine P. Poissant Attorney for the adolescent Date of hearing: October 19, 2018