2015 QCCQ 19332, 2015 QCCQ 19332

Protection de la jeunesse — 156951 JL 4031 COURT OF QUÉBEC 2015 QCCQ 19332 YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-025019-118 DATE : June 26, 2015 ______________________________________________________________________ IN THE PRESENCE OF : Mr.

JUSTICE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Director and X Adolescent and A , mother and B , party ______________________________________________________________________ J U D G M E N T (SECTION 95 OF THE YOUTH PROTECTION ACT ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] The Court is seized of a Motion filed pursuant to

Section 95 of the Youth Protection Act, by a person duly mandated by the Director of Youth Protection A (" the Director" ), to review and extend an order rendered by the undersigned on March 12, 2014 entrusting X into a foster family for a period of two (2) months during which time he will be integrated into his mother’s care and other corrective measures, the whole until June 30, 2015. [ 2 ] The Director alledges the following: 3.1. on April 10, 2014, the adolescent fully integrated his mother’s home; 3.2. the adolescent has continued to exhibit serious behavioural disturbances, more particularly but not restrictively in that:

a) the adolescent has not always been following his mother’s rules;

b) the adolescent has been disrespectful towards his mother;

c) in September 2014, during an argument with his mother, the adolescent trashed the apartment;

d) during an argument with his mother during the holidays, the adolescent hit objects in the home with his hockey stick, made threats to hit his mother and tried to strangle her;

e) the adolescent has missed school and is failing almost every subject; 3.3. the mother has difficulty asserting her parental authority and reports that the adolescent does not follow through with his consequences; 3.4. the mother reports that her parenting had been undermined by the Director of Youth Protection; 3.5. the adolescent expresses that his mother’s consequences are not realistic; 3.6. the relationship between the mother and the adolescent remains very conflictual and their standard mode of communication remains argumentative; 3.7. the family is under much financial pressure and is in the process of being evicted from their apartment; 3.8. the mother has difficulty paying bills, buying food and getting a bus pass for the adolescent; 3.9. the mother has not been able to continue personal therapy given her financial constraints; 3.10. for many months, the family had no heat, nor hot water; [ 3 ] Based on the above, the Director is recommending that X remain entrusted to his mother with various support measures for one year. [ 4 ] X, his lawyer and his mother are present, as is Mr.

B. X and his mother admit most of the allegations of the motion and agree with the measures proposed by the Director. Mr. B ignores most of what is alleged but agrees with what is being proposed and is open to having contact with X, leaving it essentially up to him to decide. [ 5 ] The facts establish clearly that X and his mother have continued to have serious difficulties. The mother has continued to be faced with various crises and has had difficulty meeting her and her son’s basic needs: structure, food, heat, etc. X continues to react to the family situation.

His school attendance and performance leave a lot to be desired.

He has had altercations with his mother, some that have spiralled out of control. [ 6 ] Things for now are more calm and there are signs that there may be improvement in the situation in the future. [ 7 ] Thus, the parties believe that with continued support, X can be maintained in his mother’s care. [ 8 ] It is clear to the Court that this support is necessary given how fragile the family situation has been and remains. [ 9 ] AS A RESULT AND FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the Motion for Revision and Extension ; and [ 11 ] DECLARES that the security or development of the adolescent is still compromised; [ 12 ] AND PURSUANT TO THE POWERS GRANTED UNDER

SECTION 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES: [ 13 ] ORDERS that X be entrusted to the mother; [ 14 ] ORDERS that X attend school regularly; [ 15 ] ORDERS that X abide by the mother’s house rules and refrain from using denigrating language towards her while under her care; [ 16 ] RECOMMENDS that the mother continue her therapy; [ 17 ] ORDERS that the mother take active steps to resolve her financial issues to be able to provide basic care such as food and shelter to X; [ 18 ] ORDERS that the Director is able to share and obtain information with school and all treating professionals; [ 19 ] ORDERS a person working for [centre A] to provide aid, counsel and assistance to the adolescent and the family; [ 20 ] THE WHOLE FOR A PERIOD OF ONE YEAR. [ 21 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the purposes of the execution of this judgment; [ 22 ] ORDERS the execution of this judgement by any peace officer, if necessary; [ 23 ] ALL OF THESE ORDERS will apply for a period of one year;

_______________________________________ CLAUDE LAMOUREUX, J.C.Q. Me Camille Champeval Attorney for the Director Me Alex Flexer Attorney for the adolescent Date of hearing: CL/nl June 26, 2015