2019 QCCQ 9758, 2019 QCCQ 9758

Protection de la jeunesse — 199397 2019 QCCQ 9758 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] « Youth Division » N° : 650-41-003164-197 DATE : DECEMBER 11 th , 2019 IN THE PRESENCE OF THE HONOURABLE LOUISE GALLANT, J.Q.C. [SOCIAL WORKER 1] Person authorized by the Director of Youth Protection Applicant and X Adolescent and A Mother and B Father JUDGMENT 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 Tribunal is seized for a request of protection in regards to the adolescent X ( 17 years old ). [ 2 ] On February 28 th , 2019, an agreement for voluntary measures was signed by the mother and the teenager, for the application of those measures, among other things, that the teenager be maintained in his maternal environment, that his mother has entrusted him to the maternal grandmother for an indefinite period, and that there is a possibility that he integrates a therapy. [ 3 ] Since the last month the teenager was entrusted to his mother, but he was living with his grandmother.

He has many behaviors disturbances and the mother can’t be respected by him; [ 4 ] The mother is in a couple and she had a new baby and she doesn’t want her son at home because of his behavior disturbances; [ 5 ] The teenager has addiction problem, but he agrees to receive help and to entrust a therapy center as soon as possible. [ 6 ] He finished his exam at school, but he went to the half part of the school year. [ 7 ] On June 28 th, 2019, he was entrusted to his brother, but he went in a rehabilitation center on October 2 nd 2019.

He didn’t respect his brother rules like he did at his mother’s and grand-mother’s places. [ 8 ] Regarding the adolescent's family history, he has five half-brothers and half-sisters from other unions of the mother, aged between 26 years and 11 months. The father, meanwhile, lives in Town A or Town B. He has had no contact with his son for several months. The mother does not know her contact details. She has been in a relationship with another man for eight years now.

She gave birth to her sixth child in January 2019 and is currently working for the band council. [ 9 ] Since entering the rehabilitation center A, the teenager had good behavior at the start of the placement. He quickly mobilized and asked to integrate therapy for his drug and alcohol problems. However, it is difficult for him to comply with the many rules imposed by the rehabilitation center. He does not hesitate to be arrogant with educators and other young people. These attitude problems cause him to be removed regularly from the center.

[ 10 ] Upon his arrival, a transfer request was made to the youth center A. The youngster has been placed on a waiting list, and to date no calls have been received from them to confirm that there is a place for him. With the prospect that he was temporarily in Town B, the youngster was not enrolled in school in the Town B region. School staff at School A send him assignments and spend time with him on the phone to assist him.

Steps have been taken and are about to materialize for the adolescent to continue to the School B. [ 11 ] Given the interest of integrating therapy, a request for collaboration was sent to Mr. [Social Worker 2], social worker, at the C.L.S.C. A. It is likely that he will enter therapy in January 2020.

The youngster wishes to complete his therapy before the birth of his child. [ 12 ] The Court concludes that the security and the development of the adolescent are in danger because he teenager has behavior disturbances (addiction problems, missing school, Non-respect of the parental authority) and he is neglected in term of educational needs (parental attitude of the mother). [ 13 ] The Tribunal grants the request to which the parties consent.

FOR THESE REASONS, THE COURT: GRANTS the application; DECLARES that the security and the development of the teenager is in danger; ENTRUSTS the teenager to rehabilitation center for a period of twelve months; ALLOWS to the teenager to entrust a therapy centre during the present measures; ALLOWS to the teenager to be entrusted to his mother after a successful therapy; ORDERS that a person working for an institution or body provides aid, counselling and assistance to the teenager and the teenager’s family for the same period; ORDERS to the mother and the teenager to participate to the following measures; ORDERS to the teenager to receive all healthy and social services has he needs especially an addiction follow up; ENTRUSTS the situation of the child to the Director of Youth Protection for the execution of the present order; LOUISE GALLANT, J.Q.C.

M e Lyne Monger Attorney for the Youth Protection M e Chantal Gadreau Attorney for the teenager Date of hearing: December 11 th , 2019