2020 QCCQ 12879, 2020 QCCQ 12879

Protection de la jeunesse — 209461 2020 QCCQ 12879 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 755-41-003108-191 DATE: November 24, 2020 ______________________________________________________________________ BY THE HONOURABLE CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X, born [...], 2004 Adolescent -and- A Mother -and_ B, deceased Father ______________________________________________________________________ JUDGMENT Section 95 (1) (2) 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 (the Director) petitions the Court with an Application for revision and prolongation of a Court Decision, according to section 95 (1) (2) of the Youth Protection Act , in the matter of the adolescent X. [ 2 ] The Director alleges that the situation of the adolescent necessitates the revision and the extension of the Court Order rendered on June 11, 2019, for the reasons outlined in paragraph 4 of the motion. [ 3 ] The Director recommends, as key measures, that the adolescent be entrusted to an institution operating a rehabilitation centre and a follow up for a period of six (6) months.

Situation and Analysis [ 4 ] The adolescent remained with his mother and siblings since the last Court order. [ 5 ] The youth still uses verbal violence towards the members of his immediate family and inadequate comments towards his sister. [ 6 ] These behaviors are also observed in school, as he was suspended after such behaviors and after missing several days in class. [ 7 ] An educator works with the family, putting emphasis on helping the mother in her parental role, as she can have difficulty decoding her son’s needs and applying the proper consequences.

It is also difficult for the mother to recognize the negligence on her part. [ 8 ] The mother maintains her collaboration with the Director. [ 9 ] Things were evolving relatively well, to a point where the Director was considering a personal transfer towards the CLSC to put in place the appropriate services in order to end the Director’s intervention. [ 10 ] But in February 2020, a physical altercation occurred between the adolescent and his sister.

It was then decided to pursue the intervention, considering the fragility of the situation. [ 11 ] On May 21 2020, the Court declares that the security and development of the adolescent are still in danger and orders provisional measures maintaining him at his mother’s home until August 27.

[ 12 ] Unfortunately, the changes expected from the mother and the adolescent to keep him at home were not reached. [ 13 ] The adolescent found a job but lost it because of his anger issues. [ 14 ] The Director submits that a neutral milieu is necessary for a short period to allow the adolescent to focus on his anger issues without having to deal with the relational aspects. [ 15 ] On August 27 2020, with the consent of all the parties, the Court orders that the adolescent be entrusted to a rehabilitation centre for another provisional period.

An assessment at Santé mentale jeunesse was ordered at the youth’s request. [ 16 ] The next three months showed certain improvements, but considering the ongoing difficulties that have been present for several years, the Director feels that the adolescent could benefit from prolonging his stay in rehabilitation and the Court subscribes to this opinion. [ 17 ] The relationship with the siblings still needs to be worked on. The psychological evaluation show a relational problem between the adolescent and his mother but also with his siblings.

The psychologist recommends that the youth remains in the rehabilitation center to work on his anger management issues first. Therefore, he could benefit from a follow-up with an educator when he returns home. [ 18 ] Finally, as the evidence shows, the Director’s recommendation to maintain the adolescent in the rehabilitation center is not based on his behavior but stands on the history of the family. The past showed that it is important not to rush things, but to take the time to solve the relation issues that have waited too long.

FOR THESE REASONS, THE COURT : [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and development of the adolescent are still in danger; [ 21 ] REVISES and EXTENDS the judgment rendered on June 11, 2019; [ 22 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 23 ] PERMITS the full or partial reintegration of the adolescent in his mother milieu as of March 24, 2021; [ 24 ] ORDERS that the adolescent and his mother take an active

part in the application of the measures ordered; [ 25 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and his family; [ 26 ] ENTRUST the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment; [ 27 ] THE WHOLE for a period of six (6) months. __________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. M e Pascale Boucher Attorney for the D.Y.P. M e Mylène Sabourin-Simard Attorney for the adolescent Date of hearing: May 21, August 27 and November 24, 2020 Date of the signature: January 22, 2021