2017 QCCQ 5769, 2017 QCCQ 5769

Protection de la jeunesse — 172478 2017 QCCQ 5769 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31981-160 Date: January 5, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2001 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT

Section 38 of the Youth Protection Act (L.R.Q., c. P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of January 5, 2017, in accordance with the provisions of

section 90 of the Youth Protection Act [1] . [ 2 ] The Director of Youth Protection A filed a motion to declare that the security and development of a child is in danger in the case of X , a fifteen year-old adolescent, based on his serious behavioural disturbances. [ 3 ] The facts alleged in support of the motion dated December 8, 2016 are as follows: 3.1. as relevant background information, the parents have been separated for many years and the father is uninvolved with the adolescent; 3.2. the adolescent has serious behavioural disturbances and objects to steps taken by the mother to put an end to the situation, more particularly but not restrictively in that:

a) the adolescent is not respecting house rules, expectations and curfew;

b) the adolescent does not inform his mother of his whereabouts;

c) the adolescent occasionally skips school;

d) the adolescent’s relationship with the mother is very conflictual;

e) the adolescent and the mother agreed to receive the services of the Transition Diversion program and that respite be provided in a group home;

f) the adolescent was provided with respite at Rudel group home on December 4, 2016 and was expected to return there after school on December 5, 2016, but he only returned on December 6, 2017 (sic) at 3 a.m.;

g) the adolescent had a difficult time cooperating with the Transition Diversion program as he did not respect his behavioural contract and the expectation of the program;

h) the mother reports being overwhelmed with the adolescent’s behaviour and is requesting his placement at this point in time; 3.3. consequently, on the evening of December 6, 2016, immediate protective measures were applied and the adolescent was placed at Rudel group home (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent be entrusted to a rehabilitation center for a period of three months with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted all the facts alleged in support of the motion and consented to the proposed measures. [ 6 ] The father was absent at the hearing as his whereabouts are unknown.

Consequently, the Court proceeded in his absence. [ 7 ] The adolescent, assisted by Me Fafard, denied that he occasionally skips school but admitted all the other facts alleged and also consented to the proposed measures. [ 8 ] The Director filed Exhibits D-1 and D-2 as evidence: D-1: Birth certificate; D-2: Court report, written by [Social Worker 1], dated December 21, 2016. [ 9 ] In

summary, the fact are admitted and the parties are in agreement regarding the measures. [ 10 ] As indicated in the Court report , recent improvements in the family dynamic warrant a relatively short placement followed by appropriate support services: The problem has been identified by the youth and parents, Ms. A and Mr. C [the mother’s partner who is not the adolescent’s father], that there has been a disrespect of parental final authority, accountability and attitude by X, and that an alternative parental approach to correct the situation was agreed upon and needed to be worked.

More specifically: a zero tolerance for physical confrontation, and to work toward decreasing the frequency and volume of yelling incidents. […] The parents and X have come to the point where they recognize that the behaviors X has exhibited are beyond their ability to manage alone. They are open to continuing the work with TD [a Transition Diversion worker] to address the issues and to promote a happier and more sustainable home environment.

To X’s and the parents’ credit, they have begun to practice better ways of interacting with each other and are open to TD recommendations, with a view of rebuilding trust between them and successfully integrating X back home [2] (reproduced with errors and/or omissions). [ 11 ] Under the circumstances, given the admissions and consent expressed by each of the parties, the Court is satisfied that the motion is well-founded and that the measures are in the adolescent's interest.

THEREFORE, THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and the development of the adolescent, X , are in danger under

section 38 (

f) of the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 14 ] ORDERS that the adolescent be entrusted to a rehabilitation center for a period of three months; [ 15 ] ORDERS that the adolescent follow the rules, respect his mother and her partner’s authority, including being accountable for his time in the community; [ 16 ] ORDERS that the adolescent attend school regularly and avail himself of all school services, including tutoring and after school activities; [ 17 ] STRONGLY RECOMMENDS that the adolescent engage in a therapeutic process to help address his issues; [ 18 ] STRONGLY RECOMMENDS that the adolescent benefit from a substance abuse assessment and follow any recommendations that may be made; [ 19 ] ORDERS that the adolescent and family continue to collaborate with the Transition Diversion Program, including the use of respite when needed; [ 20 ] ORDERS that the adolescent and his mother manage their differences constructively, without yelling or physical aggression; [ 21 ] ORDERS that a person working for [Centre A] provide aid, counsel and assistance to the adolescent and his family;

[ 22 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 23 ] AUTHORIZES the execution of the present order by any peace officer, if necessary; [ 24 ] THE WHOLE for a period of one year. TAYA DI PIETRO, Q.C.J. Me Myriam De Blois Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the adolescent TD/vl