2020 QCCQ 14638, 2020 QCCQ 14638

Protection de la jeunesse — 2010135 2020 QCCQ 14638 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] Youth Division No: 614-41-000642-209 DATE: December 10, 2020 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , Youth Protection Worker, duly authorized by the Director of Youth Protection A Board of Health and Social Services A Applicant and X (Born on [...], 2007) Youth and A Mother and B Father _____________________________________________________________________ JUDGMENT (Sections 38 and 91 of the Youth Protection Act ) ______________________________________________________________________ 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 an application asking the Court to declare that the security and the development of X, 13 years old, are endangered because he displays serious behavioural disturbances and because of the existence of a serious risk of neglect (section 38

f) and b) 2° of the Youth Protection Act ). [ 2 ] The youth and his mother are present in court.

The father, even though he received the procedure, is neither present nor represented. [ 3 ] The application made by the Director is not challenged by the parties and they are in agreement with the recommendations made by the Social Worker. [ 4 ] The following facts are admitted by either party: • The youth has been exhibiting difficult behaviours for quite some time. • He has not been attending school on a regular basis. • He does not respect authority and home rules. • He had to live with his maternal grandparents since the mother asked him to leave after he trashed her home in September. • On October 12, 2020, the youth with two other boys was part of an event that involved firearms, shots were fired into a home and towards the school. • At one point, the firearm was aimed at a female teenager.

She was threatened and a shot was fired in the air next to her. • The youth has been suspended from school. [ 5 ] On October 27, 2020, provisional measures were ordered and the youth placed in a rehabilitation centre.

[ 6 ] The youth is also known to use cannabis but states that he wants to quit. [ 7 ] The report made by the rehabilitation centre showed that X was collaborative. In general, he was obedient and followed the staff’s directives. Of the opinion of the rehabilitation centre youth workers, he does not present any issue with anger or frustration but he can be influenced by his peers. He shows that he is able to interact positively with others, but he does not open up about his personal issues with the professionals. [ 8 ] The youth was raised by his mother. The father is not involved in his son’s life.

X feels that he has been neglected by him and has issues with the absence of a relationship between them. [ 9 ] The mother admits that since her son was entrusted to the grandparents earlier this fall, she turned to alcohol consumption. She states that she does not need help and that she would be able to quit by herself. It seems that during that period of time the mother was overwhelmed with her son’s behaviour and it could explain why she turned to alcohol consumption. [ 10 ] The behaviour of the youth in the rehabilitation centre demonstrates that he does not need such a structured environment to behave.

This is why the Director of Youth Protection recommends that the youth be entrusted to the mother with help to be provided. These measures must be accompanied by a school reintegration of X in the best delay. The collaboration of the youth and the mother is essential for such a reintegration. [ 11 ] The recommendations made by the Director are in the best interest of the youth. FOR THESE MOTIVES, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and the development of X, born on [...], 2007, are endangered (section 38 b) 2° and

f) of the Youth Protection Act ) ; [ 14 ] ENTRUSTS the youth to his mother’s care ; [ 15 ] ORDERS that the contacts between the youth and the father be supervised by the Director of the Youth Protection as for the modalities, the frequency and the degree of supervision ; [ 16 ] ORDERS that X attend school regularly when he will be reintegrated and that any absence be justified by an adult; [ 17 ] ORDERS the youth to respect the rules set by his mother, especially about a curfew; [ 18 ] PROHIBITS the youth from smoking cannabis; [ 19 ] ORDERS that services be provided to the youth in order to address his relationship issues with his father and that the mother be accompanied in order to seek the services for her son; [ 20 ] PROHIBITS X to be around any firearm except in presence of a responsible adult; [ 21 ] ORDERS that a person working for an institution or a body provide aid, counselling and assistance to the youth and the family for a period of one year; [ 22 ] RECOMMENDS that the mother and the youth participate to the healing circle in order for X to be reintegrated into school as soon as possible; [ 23 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q .

Mtre. Adelia Ferreira Ferreira Lempicka attorneys Attorney for the applicant Mtre. Yan Massé Centre communautaire jur. A Attorney for the youth Date of hearing: December 10, 2020