2018 QCCQ 20688, 2018 QCCQ 20688

Protection de la jeunesse — 1811482 2018 QCCQ 20688 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-030665-160 DATE : September 14, 2018 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 2002 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 95, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to revise the order rendered on October 19, 2017 entrusting the adolescent to his mother with a social follow-up and other corrective measures for a year. [ 2 ] The Director alleges that the adolescent’s situation has deteriorated despite the mother’s efforts.

Although services are in place to support the adolescent, his collaboration has been inconsistent. [ 3 ] The persistent aggravation of his behavioural difficulties has led to provisional placement in a rehabilitation centre during which time he has been making progress. [ 4 ] Although the Director was initially asking to maintain his placement for a further six months with a social follow-up for nine months, recent progress on the adolescent’s part has led to a change in recommendation.

The Director now asks that he be entrusted to his mother with a social follow-up for one year. [ 5 ] The Director was unable to locate the father who no longer collaborates with youth protection services. [ 6 ] The majority of the allegations are admitted by the mother and the adolescent who both consent to the measures proposed.

The Situation [ 7 ] Following the last order, the adolescent failed to follow through on the most basic expectations, namely: - He stopped attending school and spent most of his days at home on the internet; - He failed to respect both his probation and his community work order, leading to new charges for breach; - He has at times been verbally abusive with his mother; [ 8 ] The mother concedes that she initially had difficulty managing her son’s behaviour.

His refusal to adhere to her parental authority renders ineffective her efforts at providing structure. [ 9 ] The father has had no communication with the Director since 2016 and refuses to participate in the intervention. The adolescent

has had unauthorized contact with his father but declines the social worker’s request for the latter’s contact information. [ 10 ] The adolescent failed to appear in this court for the hearing initially scheduled on March 13, 2018. Consequently, a warrant to bring the adolescent before the Director was issued and executed on the same day. Given the adolescent’s cooperation, police intervention was not required.

His progress since the provisional placement order was rendered has known ups and downs and can be summarized as follows: [ 11 ] In the months following the provisional placement order, the adolescent improved on many fronts; he generally respected the rules of the group home, his school attendance stabilized, his academic performance was consistent and he was scheduled to begin his community service. [ 12 ] During visits home, his behaviour was manageable and improved consistently. In addition, the adolescent was offered the opportunity to work a summer job alongside the mother’s partner.

At home, he was respectful and participated in chores although he continued to defy his mother’s authority on occasion. [ 13 ] More recently, the adolescent has accepted to participate in therapy and an appointment has been scheduled for September 2018. [ 14 ] On June 18, 2018, at the hearing on the merits, the youth requested an interim measure of three months before a final decision on the measures. He testified that he has been improving and wanted to demonstrate that he can be trusted to return to his mother’s care full time.

The parties agreed to his request in the hopes of encouraging him to maintain his motivation. The Court agreed with the proposition after taking note of his commitment to cooperate with an educator. [ 15 ] Initially, the adolescent’s visits home were increased in order to facilitate his execution of the court-ordered community work. He failed to meet his commitment on that front. Moreover, the youth breached a number of conditions of his probation which has since entailed further charges under the Youth Criminal Justice Act.

He is currently serving a three-month sentence of placement and supervision as a direct result of his inability to follow through with his responsibilities in that regard. [ 16 ] The relationship between the adolescent and his mother remains volatile despite some notable improvements. At issue is the adolescent’s overall lack of motivation and accountability. He has chosen not to return to school and, although he has avoided trouble in the community, he has failed to adhere to any kind of concrete routine or structure. He mostly spends time watching television when at home.

At present, he expresses his intent to enter the job market once he completes his custody order. Conclusion [ 17 ] The adolescent’s decision to engage in therapy is promising and indicates a willingness to examine and to understand the underlying reasons behind his behavioural issues. It is essential that he follow through with the services provided to him. [ 18 ] The Court acknowledges that the adolescent has improved on several fronts; his behaviour in the community is no longer an issue, there is no concern regarding drug consumption and his relationship with his mother has improved.

That being said, the adolescent is not invested in laying the foundation for his adult life. His inability to respect the conditions of his sentence is indicative of a lack of accountability on his part. His decision to drop out of school suggests a desire to take the easy way out. [ 19 ] The evidence reveals that the adolescent has the potential to succeed. What is currently lacking is sufficient drive and determination.

The Director’s guidance over the next year is crucial to the adolescent’s development. [ 20 ] After considering all of the evidence, and taking into account the consent of the parties, the Court concludes that the measures proposed by the Director are in the adolescent’s best interest. [ 21 ] FOR THESE REASONS, [ 22 ] CONSIDERING that the security and development of the adolescent were declared endangered on June 11, 2018; [ 23 ] CONSIDERING the parties’ consent to the recommendations being formulated; [ 24 ] THE COURT: [ 25 ] ORDERS that the adolescent be entrusted to the care of his mother; [ 26 ] ORDERS that the frequency and modality of contacts between the adolescent and his father be determined by the DYP; [ 27 ] ORDERS that that adolescent refrain from using threats, intimidation and aggression towards others; [ 28 ] ORDERS that that adolescent respect his mother’s authority; [ 29 ] ORDERS that that mother abstain to consume alcohol in the presence of the adolescent; [ 30 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family [ 31 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 32 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On September 27, 2018 __________________________________ KAREN OHAYON, J.C.Q. Me François Marchand Attorney for the D.Y.P. Me Younes Ameur Attorney for the adolescent Me May Chiu Attorney for the mother Dates of hearing: March 15, June 11 and September 14, 2018 KO/lf