2018 QCCQ 19951, 2018 QCCQ 19951

Protection de la jeunesse — 1811219 2018 QCCQ 19951 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005237-162 DATE: December 20, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2002 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents - and - C Guardian ______________________________________________________________________ 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 ] On October 11, 2017, the Court extends the application of various protective measures for one year in response to X’s serious behavioural issues, these including his placement in a rehabilitation center. [ 2 ] X evolves in a rehabilitation center setting since 2016 and this, after having been entrusted on a permanent basis to his maternal grandfather (also his guardian). [ 3 ] Although he shows potential for rehabilitation, real progress is stymied by his running away for extended periods.

From the last judgement until August 2018, X spends little effective time in the rehabilitation center. [ 4 ] X is discreet about his time outside the rehabilitation center. He does admit having spent time with Mr. D, his grandfather’s ex-girlfriend’s son, to having worked in landscaping. He also admits to consuming drugs. [ 5 ] Since his return to the center in August, X is doing well. He seems more receptive and puts forward plans for his future (school, group home, independent living). [ 6 ] The supervised contacts between X and his mother progress well.

She encourages her son towards making better choices and adopting positive values. X also continues visits with Mr. D and projects returning there on a full-time basis. [ 7 ] Up until now, X isn’t open to resuming contacts with his father nor his maternal grandfather.

At the hearing, he testifies that he is ready to accept phone calls from his father, but doesn’t want to engage anything further, having to focus on all the other things going on in his life. [ 8 ] The Director of Youth Protection seeks the extension of the protective measures for another six months, orientation to which X, his parents and his guardian subscribe. [ 9 ] The Court endorses this orientation. In the last months, X seems to have gained maturity and shows an increased ability to evaluate his needs and make proactive choices.

He states working towards leaving the rehabilitation center, an objective of which the

viability will be demonstrated in the next months. [ 10 ] For such, X must continue to invest himself in the rehabilitation process and make positive choices.

He obviously has the capabilities to do so, now remains to see if he has the will. [ 11 ] FOR ALL THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and the development of the adolescent are still in danger; [ 14 ] REVISES and EXTENDS the Court order rendered on October 11, 2017; [ 15 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation center chosen by the Director of Youth Protection A; [ 16 ] ORDERS that the contacts between the adolescent and his mother be following agreement between the mother, the adolescent and the Director; [ 17 ] ORDERS that the contacts between the adolescent and his legal tutor, the maternal grandfather, be following agreement between the parties; [ 18 ] ORDERS that the contacts between the adolescent and his father be following agreement between the parents, the adolescent and the director concerning the terms, frequency and in the presence of a third party designated by the Director; [ 19 ] ORDERS that the contacts between the adolescent and Mr.

D be following agreement between the parents, the adolescent and the Director; [ 20 ] ORDERS that the adolescent, his parents and the legal tutor take an active

part in the application of the measures ordered; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 22 ] ALL THESE MEASURES for 6 months; [ 23 ] 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 Catherine St-Yves Attorney for the Applicant Me Gilles Dupont Attorney for the father Me Karine P. Poissant Attorney for the adolescent Date of hearing: December 20, 2018