2022 QCCQ 7458, 2022 QCCQ 7458

Protection de la jeunesse — 223201 2022 QCCQ 7458 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] COMMUNITY […] Youth Division No: 614-41-000070-161 DATE: June 16, 2022 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection […]; Applicant and X, born on […], 2007; Youth and A Mother ______________________________________________________________________ JUDGMENT (sections 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection A (the Director) asks the Court to review the decision rendered on June 29, 2021, in the situation of X, 15 years old. [ 2 ] The applicant recommends the placement of the youth in a rehabilitation centre for a period of nine months with reintegration with his mother after six months if the situation allows. [ 3 ] The mother is absent at the hearing. She was served and was advised again by the community worker.

The youth is present, assisted by Me Fanny Wylde. He is ready to proceed. He admits all the allegations and agrees with the recommendations. [ 4 ] A revision report, an observation report from the rehabilitation centre and a psychological assessment report are filed. The community worker testifies. [ 5 ] Even during his placement at the rehabilitation center, the youth continues to exhibit difficult behaviors. He assaulted peers and staff members. During a home visit, he pointed a gun at one of his cousins and he made a video of it that went viral.

He is facing charges under YCJA for that incident. [ 6 ] He still has difficulties to accept authority and structures. On numerous occasions he left the rehabilitation centre without permission. [ 7 ] He has a modified school program and he attends school when possible and does his assignments. [ 8 ] Ms.

Myriam Chrétien, the psychologist, evaluated him and her diagnosis are: mild intellectual disability, maladaptive behaviors, substance use disorder to be ruled out, child neglect from mother. [ 9 ] As she believes he will need lifelong supervision in reasoning, reasoning with language, problem solving, planning, abstract thinking and judgment. [ 10 ] He needs structures and routines such as the rehabilitation centre and after when he will be in his natural environment.

A follow-up with an educator and/or community worker will be needed. [ 11 ] He has to continue his follow-up with the therapist to build his social skills, develop moral reasoning and self-regulation strategies. He must and can learn the basic rules and social codes, as should be address his expectations regarding his sexual behaviors. [ 12 ] Over the last year the mother’s situation improved. She completed a treatment program of six weeks on April 28, 2022 and she is now involved in the aftercare program.

The mother agreed about a possible reintegration of X as long as intensive services are offered. [ 13 ] Before thinking of reintegration, visits should be planned with clear expectations given to the youth. The mother needs to stabilize her situation and gradually assume X.

[ 14 ] As the father is completely absent in the youth’s life, the mother has an important responsibility towards her son.

A support plan should be taken into place and psychotherapy (family therapy) should be available for both. [ 15 ] Considering the evidence and the child’s agreement whit the measures, FOR THESE REASONS, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of X are still in danger; [ 18 ] ORDERS the placement of the youth in a rehabilitation centre for a period of nine months with reintegration with his mother after six months if the situation allows; [ 19 ] ORDERS the Director to supervise all the contacts between the youth and his parents; [ 20 ] ORDERS the Director to ensure all the specialized services required by the youth’s personal issues and to provide him a family therapy (with his mother); [ 21 ] ORDERS the mother to seek services for her personal issues; [ 22 ] ORDERS the Director to provide aid, counsel and assistance to the parents and the children for a period of 12 months; [ 23 ] AUTHORIZES the Director to share and obtain information with the professional providing services to the youth and his mother; [ 24 ] ORDERS the execution of the present judgment by any police officer; [ 25 ] ENTRUSTS the situation of the children to the Director who shall then see that the measures are carried out.

Signed on July 11, 2022 __________________________________ DENYSE LEDUC, J.C.Q. Adelia Ferreira Me Adelia Ferreira, avocate Counsel for the applicant Fanny Wylde Centre communautaire juridique A Counsel for the youth A Mother, not represented Date of hearing: June 16, 2022