2017 QCCQ 20169, 2017 QCCQ 20169

Protection de la jeunesse — 1710545 2017 QCCQ 20169 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31379-167 Date: November 30, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2003 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 30, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on December 12, 2016, whereby the now fourteen year-old adolescent, X , remained entrusted to his mother with aid, counsel and assistance, for a period of seven months. [ 3 ] The Court was also presented with a similar application regarding the adolescent’s brother whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the Application for extension dated May 18, 2017, are as follows: 3.1. until January 2017, the adolescent attended “B” School where improvements in his behaviours were noted; 3.2. on or around the end of January 2017, the adolescent returned to his previous school A High School; 3.3. since then, his behaviours have been more inconsistent; 3.4. certain adjustments were made by the school to help further challenge the adolescent; 3.5. at home, X continues to exhibit more challenging behaviours, more particularly but not restrictively in that:

a) the adolescent exhibits extreme and aggressive behaviours when he does not get his way;

b) in January 2017, the adolescent locked himself in the bathroom for several hours, which resulted in police being called;

c) continued conflicts exist between the adolescent and his sibling, given his domineering behaviours;

d) the mother has difficulties putting any limits on the adolescent or to enforce her authority;

3.6. at this time, given the ongoing concerns, continued involvement by Social Services is warranted (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the mother continue to collaborate with social services and that the adolescent be ordered to attend school regularly, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 6 ] The mother, assisted by Me Brunet, made a general admission and consented to the proposed measures. [ 7 ] The father was absent at the hearing and his whereabouts are unknown.

Consequently, the Court proceeded in his absence. [ 8 ] The adolescent, assisted by Me Dallaire, also made a general admission and consented to the proposed measures. [ 9 ] The Director filed Exhibits D-8 to D-10 as evidence: D-8: Court Report, prepared by [Social Worker 2], dated May 12, 2017; D-9: Addendum to Court Report, prepared by [Social Worker 1], dated August 23, 2017; D-10: Addendum, prepared by [Social Worker 1], dated November 24, 2017. [ 10 ] In

summary, the allegations in support of the application are generally admitted and the parties recognize the need for ongoing social services. [ 11 ] However, recent improvements are noted in the adolescent’s situation: X’s behavior had been better recently and his relationship with Ms. A is improving. Despite this, there is more work to be done to continue developing the relationship, and sustaining the gains that have been made. Ms. A and X spend a lot of time together and X also speaks to an uncle who has a positive influence on him. X’s relationship with [his brother] continues to be strained at times but Ms.

A is making sure that her children understand the importance of family. [2] […] X is doing well at school and attends daily. He goes to a French school and is in a “class d’accueil” (sic) class. He enjoys going to school and has good grades.

X has a lot of friends and is learning French quite well. [3] [ 12 ] Although conflicts between the adolescent and his brother have diminished, the mother continues to struggle to assert her authority and accepts the Director of Youth Protection’s support to ensure that the adolescent’s needs are met. [ 13 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of the adolescent, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the adolescent remain entrusted to his mother; [ 17 ] ORDERS that the mother collaborate with any service providers in an effort to encourage her son to attend school or participate in an educational program; [ 18 ] ORDERS that the adolescent attend school regularly unless justified by a medical note; [ 19 ] AUTHORIZES the Director of Youth Protection to exchange relevant information about the family with treating professionals; [ 20 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the father and granted exclusively to the mother regarding any authorizations required for the adolescent with respect to schooling, extra-curricular activities, health care services and travel including a passport application; [ 21 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and his family; [ 22 ] ENTRUSTS the situation of the adolescent, X , 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; [ 23 ] THE WHOLE for a period of six months.

Signed on December 7, 2017 TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Karine Dallaire Attorney for the adolescent Me Richard Brunet Attorney for the mother Hearing dates: August 30 and November 30, 2017. TD/vl