2017 QCCQ 5798, 2017 QCCQ 5798

Protection de la jeunesse — 172521 2017 QCCQ 5798 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 525-41-031628-167 DATE: April 4, 2017 ______________________________________________________________________ BY THE HONOURABLE LINE BACHAND, J.C.Q. ______________________________________________________________________ DIRECTOR OF THE YOUTH PROTECTION A X Born on [...] 2001 adolescent and A B parents JUDGMENT

Section 38 L.P.J. ______________________________________________________________________ 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 ] This judgment is the written version of a decision rendered verbally on April 4, 2017. [ 2 ] The Director of Youth Protection (Director) submits a motion to revise a decision or order under

section 95 of the Youth Protection Act. [ 3 ] The said decision was rendered on October 13, 2016. It was to the effect that X remain in a rehabilitation center for 3 months with a possible reintegration in his parents’s care. The Court also ordered that he attend school on a daily basis and on time. The social follow up was for a period of 1 year.

A psychological counselling was also ordered, if necessary. [ 4 ] At the hearing, the Director asks the Court to order that X remain in the care of his parents and continue to attend school on a consistent basis and arrive on time with a social follow up for a period of 6 months. [ 5 ] The parents are present. They are informed of their right to be assisted by an attorney.

They decide to proceed without a lawyer. [ 6 ] X is present and he is represented by an attorney. [ 7 ] The parents and X testify, and agree with the conclusions recommended by the Director. [ 8 ] Given X’s challenging behaviours, especially at school and the social support that is still needed to help the adolescent and his

parents, the Court has concerns about the duration of the order. [ 9 ] The parties left the duration of the order to the discretion of the Court. CONTEXT [ 10 ] Following the October 13th 2016 order, X was suspended from school on two occasions, one due to uttering threats toward an educator. He is now facing criminal charges for the said event. A large number of incomplete assignments, his attitude with the staff at school, his tardiness and his general absenteeism were problematic. Because of the said behaviours, the Director asked the Court on January 11, 2017, under

section 79 of the Youth Protection Act, to extend X’s placement in the rehabilitation center. The Application was dismissed. However, the adolescent was reminded of his obligation to follow the order rendered by the Court and the hearing of the motion for revision was set on April 4, 2017. [ 11 ] Since January 11, 2017, X’s behaviour has shown notable improvement.

The goal of the intervention plan is to empower X to assume full responsibility for his education while respecting his parents’ authority. [ 12 ] X seems to understand the seriousness of his situation and his obligation to go to school and to follow the rules. The parents appear to be better aligned concerning the exercise of their parental authority. [ 13 ] The mother testifies that she feels that it may be necessary to extend the period of the social follow up. The father shared her position.

The case worker expressed that the involvement of the Director with the family was helpful, even if X seems to be reluctant. [ 14 ] X testifies that the duration of the order doesn’t matter to him because he will respect it even if it is longer. [ 15 ] Given the chronicity of the adolescent’s challenging behaviours of X and considering that those type of behaviours are lasting, the Court will order a social follow up for a period of 9 months to reduce the risk of recurrence. [ 16 ] FOR ALL THESE REASONS,THE COURT: [ 17 ] GRANTS the Application; [ 18 ] ORDERS that X remain in the care of his parents; [ 19 ] ORDERS that X continue to attend school on a consistent basis and arrive on time; [ 20 ] ORDERS that aid, counsel and assistance be provided to the adolescent and the family for an additional period of nine (9) months; [ 21 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 22 ] ORDERS the execution of this judgement by any peace officer, if necessary; __________________________________ Line BACHAND, J.C.Q.

Me Heidi LECHTER Director’s Attorney Me Berna TABET Child’s attorney Date of hearing: April 4, 2017