2017 QCCQ 9073, 2017 QCCQ 9073

Protection de la jeunesse — 173790 2017 QCCQ 9073 JA0940 QUEBEC COURT Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-027954-130 DATE : April 7, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on […], 2001 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , party Respondents ______________________________________________________________________ JUDGMENT (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, 11.2.1 and 135 Y.P.A.). [ 1 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on April 7 th , 2017. [ 2 ] The Director of Youth Protection (the Director) seizes Court of an application for revision of a decision rendered by the undersigned on October 17 th , 2016. The Director is asking that the adolescent be entrusted to a rehabilitation centre and that aid, counsel and assistance be provided for a period of six months. [ 3 ] Neither the mother nor Mr. B, recognized as a party, are present in Court. Mr. B is still recognized as a party to the proceedings.

Both were present though, on March 7 th , 2017, when the revision was first scheduled. [ 4 ] The adolescent recognizes all the facts alleged in support of the motion. He is in agreement with the recommendations presented by the Director. CONTEXT [ 5 ] The adolescent remained in the care of Mr. B up until early February 2017. [ 6 ] At the beginning of December 2016, the adolescent, his sister and Mr. B moved in with Mr. B’s girlfriend and her three children in

Town A. [ 7 ] Although the adolescent appeared first to stabilize in his new home, his situation soon deteriorated in January 2017. [ 8 ] The adolescent was then skipping school or arriving late. His behaviour became unmanageable by school staff. [ 9 ] In the home, the adolescent became gradually more defiant and disrespectful towards Mr. B’s girlfriend. On February 5 th , 2017, an argument took place between the siblings. The adolescent made threats of violence to family members. [ 10 ] He was then entrusted to a rehabilitation centre.

Since his placement, the adolescent has been spending his weekends at his older sister Z’s house. The adolescent has to be closely monitored by his sister otherwise his behaviour is not appropriate. He seems to recognize that his behaviour has to improve if he wishes to continue spending his weekends at his sister’s. [ 11 ] Since the adolescent has been living at the group home, he has been able to have more consistent contact with his mother.

The involvement of the Director is neces-sary in order to ensure that these renewed contacts are positive for the adolescent. [ 12 ] Under the circumstances, the Director has established that the security and development of the adolescent are still compromised due to his behaviours problems. The measures recommended meet the needs of the adolescent and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 13 ] DECLARES that the security and the development of the adolescent are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 14 ] ORDERS that X remain entrusted to a rehabilitation centre for a period of six (6) months; [ 15 ] ORDERS that the modalities and duration of contacts between X and his mother and Mr.

B be determined by the Director and SETS the minimum frequency of these contacts at once (1) per week; [ 16 ] ORDERS that the frequency, modality and duration of contacts between X and his sister Z be determined by the Director of Youth Protection and TAKES JUDICIAL NOTICE that when things go well, X spends his weekends with his sister Z; [ 17 ] ORDERS that the frequency, modality and duration of contacts between X and his sister Y be determined by the Director of Youth Protection, taking into consideration the best interest of X and the wish and desires of both adolescents; [ 18 ] STRONGLY RECOMMENDS that X continue to work with his therapist at the CLSC and follow any recommendations that are made; [ 19 ] ORDERS that X continue to attend school on a regular basis; [ 20 ] ORDERS the adolescent, his mother and Mr.

B to collaborate with the Director of Youth Protection; [ 21 ] ORDERS that aid, counsel and assistance be provided to the adolescent, his mother and Mr. B for a period of six (6) months; [ 22 ] ENTRUSTS the situation of adolescent to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A, who shall then see that the measures are carried out who shall then see that the measures are carried out; [ 23 ] ORDERS the execution of the present judgment by any peace officer, if necessary. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Nadia Sabik Attorney for the Director of Youth Protection Me Guylaine Plourde Attorney for the adolescent Date of hearing : April 7 th , 2017