2019 QCCQ 19315, 2019 QCCQ 19315

Protection de la jeunesse — 198131 2019 QCCQ 19315 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] “Youth Division” No: 635-41- 000643-152 DATE: September 26, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2002 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 05 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on September 26, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered by the Honourable Marc Ouimette on March 19, 2019. [ 3 ] Today, the Director recommends that the adolescent remain placed in a rehabilitation centre and that support measures be ordered until March 20, 2020. [ 4 ] The parents and the adolescent are in agreement with the Director’s plan.

Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? Context and Analysis [ 6 ] The adolescent has continued to reside in a group home setting at Centre A in Town A. He has continued to exhibit serious behavioural disturbances (consuming marijuana, being aggressive towards the staff, a teacher and peers, making death threats towards the educators, making suicidal threats, running away, not respecting the rules and curfew). On numerous occasions, he has refused to participate in the centre’s program and activities.

In school, he has continued to present with difficult behaviours that led to being asked to leave his class. [ 7 ] Due to his behaviours, from May 26 to July 1, 2019, the adolescent had to be sent to the A closed boys unit. [ 8 ] As soon as he came back to Town A, the adolescent’s bad habits and attitudes resurfaced. [ 9 ] The adolescent would like to return living with one of his parents. He has not been putting any serious effort to change his

behaviour and permit such a return. A rehabilitation period remains necessary. [ 10 ] The mother has taken steps to stabilize her situation with social services. She has continued to collaborate with the Director. It remains difficult to reach her and she is not always transparent with the Youth Protection worker. [ 11 ] The mother is now employed as an educator for the [Company A]. [ 12 ] On June 28, 2019, the police intervened at the mother’s residence. Mr. C, the mother’s boyfriend would have told Y, the child’s brother, that he should kill himself or that he would kill him. He then approached Y with a knife.

During this incident, the mother was sleeping in her bed. At the time of the report’s writing, the mother was still ambivalent regarding her relationship with Mr. C. She now reports having ended this relationship. [ 13 ] The father has also been collaborating actively with the Youth Protection intervention.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application for extension; [ 15 ] DECLARES that the security or the development of the adolescent is still endangered; [ 16 ] EXTENDS the order rendered on March 19, 2019; [ 17 ] ORDERS that the adolescent be entrusted to a rehabilitation centre; [ 18 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 19 ] ORDERS that the adolescent and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 20 ] ORDERS, that the adolescent and the mother receive the services of an external educator during and after the reintegration process; [ 21 ] RECOMMENDS that the adolescent seek help through the appropriate institution of services required by his situation, especially in regard of drugs and alcohol consumption; [ 22 ] ORDERS that the mother ensure that herself and Mr.

C remain sober in the presence of the adolescent; [ 23 ] ORDERS that the mother ensure that herself and Mr. C refrain from engaging in any form of aggression or violence in the adolescent’s presence; [ 24 ] RECOMMENDS that the mother seek help through the Social Services concerning her relationship issues; [ 25 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement with the services provided; [ 26 ] ORDERS that the contacts between the adolescent, the parents and Mr.

C be determined by the Director of Youth Protection as for the modalities, the frequency and the degree of supervision; [ 27 ] AUTHORIZES that the Director of Youth Protection to perform unannounced visits at the mother or father’s residence when the adolescent is present; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 29 ] THE WHOLE until March 20, 2020; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 31, 2019 /cd Mtre Geneviève Apollon Counsel for the Director of Youth Protection Mrs. Laurence Migué Counsel for the adolescent Mtre Nada Boumeftha Counsel for the mother Mtre Angèle Tommasel Counsel for the father

Date of hearing: September 26, 2019