2020 QCCQ 12776, 2020 QCCQ 12776

Protection de la jeunesse — 209260 2020 QCCQ 12776 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006434-206 DATE: December 21, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2006 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ 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 ] Alleging that the adolescent presents serious behavioural disturbances in conjunction with a situation of educational neglect in his family environment, the Director of Youth Protection seeks a one-year protection order. [ 2 ] The parents as well as the adolescent subscribe to the Director’s evaluation and orientation. [ 3 ] The Court resumes the elements which justify its decision.

Analysis and decision [ 4 ] The Director intervenes following a report of the adolescent sexually abusing his three-year-old cousin. He is subsequently arrested and released on conditions pending the hearing on criminal charges. [ 5 ] The adolescent presents a myriad of difficulties which affect his functioning, including a mild intellectual deficiency, a fine motor disorder, a speech disorder and a socialization disorder.

His behaviours are challenging in school and at home (stealing, lying, disruptive behaviours and not respecting rules). [ 6 ] He has shown a pattern of inappropriate sexual behaviours in the past. [ 7 ] The mother recognizes not being able to provide a structured living environment to meet her son’s needs. She cannot impose her authority nor impose clear, consistent and coherent rules and consequences. Being overwhelmed by her son’s behaviours, she can express denigrating or rejecting comments. [ 8 ] The parents offer mitigated cooperation.

The father doesn’t participate in meetings and seems to delegate the parental role to the mother. They agree that services be put in place for their son. [ 9 ] The adolescent is initially placed in a rehabilitation centre, returning home a few days later. Intensive services are put in place in view of working on discipline and structure. Despite this, the adolescent’s situation continues to degenerate.

He returns to a provisional placement as of October 29, 2020, where he remains to this day. [ 10 ] In this environment, his disruptive behaviours amplify, probably in relation to the instability brought on by the many changes he has to deal with (criminal charges, rejection from family members, placement, adapting to a structured environment). His need for rehabilitation is clearly established. [ 11 ] He is on a waiting list for a mental health evaluation and participates in the A program, in relation to his sexual behaviours.

[ 12 ] The next months will serve to stabilize the adolescent and work towards his being able to adopt and maintain healthy behaviours. The goal of the intervention is that the adolescent return to his family environment. The parties agree that he eventually integrates the home of his aunt, with the parent’s support.

FOR ALL THESE REASONS, THE COURT: [ 13 ] GRANTS the application for protection; [ 14 ] DECLARES the security and the development of the adolescent in danger in reason of : • Educational neglect (article 38b)1)iii) Youth Protection Act ) • Serious behavioural disturbance (article 38f) Youth Protection Act ) [ 15 ] ENTRUSTS the adolescent to an institution operating a rehabilitation centre chosen by the Director of Youth Protection Ae until June 21, 2021; [ 16 ] ENTRUSTS the adolescent to his sister, Y as of June 21, 2021; [ 17 ] ORDERS that the contacts between the adolescent and his parents be following agreement between the parties and in respect of his rhythm; [ 18 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 19 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered; [ 20 ] ORDERS that a person working of an institution or body provides aid, counselling or assistance to the adolescent and his family; [ 21 ] THE WHOLE for one year, except for the period of placement; [ 22 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present order. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Alexandra Provost Attorney for the Applicant Me Karine P. Poissant Attorney for the adolescent Hearing date: December 21, 2020 Date of signature : February 22, 2021