2019 QCCQ 11827, 2019 QCCQ 11827

Protection de la jeunesse — 191872 2019 QCCQ 11827 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-034168-187 DATE : March 14, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2001 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on March 14, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered on August 10, 2018. [ 3 ] On February 12, 2019, the Tribunal ordered the provisional compulsory foster care of the adolescent in a rehabilitation centre. [ 4 ] Today, the Director recommends that the adolescent be entrusted to a rehabilitation centre and that support measures be ordered until his age of majority, [...], 2019. [ 5 ] The mother and the adolescent are in agreement with the Director’s plan. [ 6 ] The father was duly notified but absent from Court.

Question in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 8 ] The adolescent has continued to exhibit serious behavioural disturbances. He has been suspended from school in October, November 2018 and January 2019 due to problematic behaviours. He has continued to consume marijuana and associates with negative peers. He has not been forthcoming regarding his whereabouts in the community. [ 9 ] The adolescent made gains during his placement period.

Following his placement at Prevost, he adjusted to the units’ rules and expectations. He also works on building a more respectful relationship with his mother. [ 10 ] From March 11 to March 12, 2019, the adolescent ran away from the rehabilitation centre.

[ 11 ] The adolescent had no contact with his father. [ 12 ] The adolescent’s return to his mother’s care would be premature. The mother realizes that the situation has not improved enough for her to feel comfortable having him back home. The adolescent does not always respect her rules. Trust needs to be rebuild.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for revision; [ 14 ] DECLARES that the security or the development of the adolescent is still in danger; [ 15 ] REVISES the order rendered on August 10, 2018; [ 16 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 17 ] ORDERS that an agreement on house rules be determined by the adolescent, his mother and the Director of Youth Protection upon the adolescent’s reintegration home; [ 18 ] ORDERS that the frequency and modalities of contacts between the adolescent and his parents be determined upon agreement by all parties; [ 19 ] RECOMMENDS that the adolescent partake in a regular daily activity, such as school or work; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family including the services of an educator for as long as deemed necessary; [ 21 ] THE WHOLE until the adolescent’s age of majority ([...], 2019); [ 22 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on March 18, 2019 /cd Mtre Dominique Douglas Counsel for the Director of Youth Protection Mtre Laurence Lamoureux Counsel for the adolescent Date of hearing: March 14, 2019