2021 QCCQ 11315, 2021 QCCQ 11315
Opinion
Protection de la jeunesse — 215965 2021 QCCQ 11315 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-008219-158 DATE : October 14, 2021 ______________________________________________________________________ PRESIDED BY : THE HONORABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...], 2007 Child -and- A Mother -and- B Father ______________________________________________________________________ J U D G M E N T
Section 95 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) presents an Application for Revision and Extension of a Court Decision rendered on August 27, 2020. [ 2 ] Following said decision, Court ordered that the child be entrusted to an institution operating a rehabilitation centre for a period of one year.
The Court also ordered that the child and the family receive aid, counsel and assistance for the same period and that the contacts between the child and the parents be following an agreement between the parties. Finally, Court ordered that the child attend school assiduously. [ 3 ] Today, the Director recommends that the child be entrusted to a rehabilitation centre for a period of three years.
[ 4 ] The parents agree with the measures sought by the Director. The child asks to be entrusted to a rehabilitation centre until June 30, 2024. He wants to complete his high school at Prevost campus. [ 5 ] Since the last Court order, the child remained at the [Unit A] of [Campus A]. He has not physically assaulted any staff or peers, has not required any intervention agents and any intensive coaching. He is showing an ability to appropriately manage his emotions when frustrated. [ 6 ] He required support to do his daily routine and need reminders of daily expectations. He is maturing.
At school, he is doing exceptionally well. He has good grades. The child participates in a woodworking workshop. He shows an aptitude when it comes to building. [ 7 ] The child visits his parents on the weekend. The contacts are, for the most part, positive. There has been occasions when the weekend was shortened because of his behaviours. The Director has some concerns over the parents’ capacity to manage the child in the home environment for extended periods of time.
The father has acknowledged yelling at the child when frustrated by his behaviors or lack of respect. [ 8 ] During the contacts, the child helps his father with various projects. The mother has verbalized that the adolescent is not listening to her and not showing her the same respect he demonstrates to his father. She has reported not being at ease when left alone with the child. [ 9 ] The child continues to be followed by psychiatrist Dr Gignac and since September 2020, has regular appointments with a psychologist.
The child also meets with a nutritionist in Montreal. [ 10 ] The child refused to be referred to the A Program (anger management) at [the Institute A]. ANALYSIS [ 11 ] Since December 2015, the child has been entrusted to a rehabilitation centre. He had multiple psychological, neuropsychological and psychiatric assessments to better understand his needs. His situation evolves positively but still requires a structured environment and continuous supervision. [ 12 ] The child wishes to complete his high school at the campus and expressed being comfortable in the environment. He has developed trust with the staff.
His stability is crucial. [ 13 ] On their part, the parents agree to participate in the B program and accept the support of [Program C]. [ 14 ] For these reasons, Court considers that the measures sought by the parties are justified.
FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the Application; [ 16 ] DECLARES that the security and development of the child are still in danger; [ 17 ] ORDERS that the child be entrusted to an institution operating a reception centre; [ 18 ] ORDERS that the contacts between the child and the parents be following agreement between the parties; [ 19 ] ORDERS that the child and the parents take an active
part in the application of the measures ordered; [ 20 ] RECOMMENDS that the family participate in a program such as the Family Ties Program; [ 21 ] ORDERS that the child continue to receive all current and ongoing health services including, psychological, psychiatric and medical follow up and this, as long as required by the professionals; [ 22 ] ORDERS that the child attend school assiduously; [ 23 ] ORDERS that the child and the parents meet with their caseworker on a regular
schedule basis to update their situation; [ 24 ] ORDERS that a person working for an institution or body proved aid, counsel and assistance to the child and the family; [ 25 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment; [ 26 ] THE WHOLE until June 30, 2024. Lyne Morin , J.C.Q.
M e Mélissa Labine Attorney for the Director M e Myriam Couillard Attorney for the child Hearing date: October 14, 2021 Signed judgment: October 19, 2021
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