2019 QCCQ 14433, 2019 QCCQ 14433

Protection de la jeunesse — 194429 2019 QCCQ 14433 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] “Youth Division” N° : 525-41-035361-195 DATE : June 4, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2003 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 38 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 June 4, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent exhibits serious behavioural disturbances. [ 3 ] On April 23, 2019, immediate protective measures were invoked and the adolescent was placed in an Encadrement Intensif unit. [ 4 ] On April 25, 2019, the Tribunal extended the application of the immediate protective measures for a period not exceeding five working days. [ 5 ] On May 2, 2019, the Tribunal ordered the provisional foster care of the adolescent in a rehabilitation centre. [ 6 ] Today, the Director recommends that the adolescent be placed in a rehabilitation centre and that support measures be ordered for a period of six months. [ 7 ] The parents and the adolescent are in agreement with the Director’s plan.

Question in litigation [ 8 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights?

Context and Analysis [ 9 ] The adolescent exhibits serious behavioural disturbances: he consumed Xanax on occasion and marijuana on a regular basis; he sold Xanax; he attended school under the influence of marijuana; he has problems managing his anger and was expelled from school on two occasions due to acts of aggression; he physically assaulted his cousin and was physically aggressive with his mother; he has not been respecting his parents’ rules; he has not been keeping them aware of his whereabouts in the community; he has stolen money from his parents.

[ 10 ] The adolescent has been minimizing his drug use and the problems associated to this situation. [ 11 ] The adolescent has been diagnosed with Attention Deficit Disorder. He attends School A in grade 10. [ 12 ] On September 10, 2018, the adolescent was found guilty of assault causing bodily harm, two counts of failure to comply with condition of undertaking/ recognizance/ order, uttering threats to cause death or bodily harm and two counts of assault.

He received a probation sentence with follow-up for one year and 75 hours of community service to perform within 8 months. [ 13 ] On May 21, 2019, the adolescent attended his criminal hearing for new charges. [ 14 ] The parents are overwhelmed with the situation and have asked that the adolescent be placed in a rehabilitation centre. [ 15 ] The father has an extensive criminal history involving drug trafficking.

He was last released from prison in October 2018. [ 16 ] On May 24, 2019, the mother established with the Youth Protection worker that the maternal grandparents should be identified as the adolescent’s alternative plan. The father disagree with such a plan. He made it clear that he did not want to maintain, at that point, a relationship with his son. The Tribunal takes note that the father is present in Court and interested in his son’s future. [ 17 ] The adolescent has adapted to the rules of the rehabilitation centre. He is polite, respectful of peers and staff. He participated in NA meetings.

The adolescent also identifies his maternal grandparents as an alternative place for living. [ 18 ] The presented proof does not support the Director’s allegation to the effect that the parents neglected to provide structure to their son. [ 19 ] Before considering any reintegration in the community, the adolescent needs to stabilize his behaviours in a rehabilitation centre. As mentioned by his parents, “ he needs to do better for himself ”, “ participate in suggested programs ” and “ get the help that he needs ”.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application for protection; [ 21 ] DECLARES that the security or the development of the adolescent is endangered ( sections 38

f) of the Youth Protection Act ); [ 22 ] ORDERS that the adolescent be placed in a rehabilitation centre; [ 23 ] ORDERS that the frequency and modalities of contacts between the adolescent and his parents be determined by agreement between all parties; [ 24 ] RECOMMENDS that the adolescent receive therapeutic support services; [ 25 ] RECOMMENDS that the adolescent continue to participate in an organized sport activity; [ 26 ] ORDERS that the adolescent and his parents collaborate with the Director of Youth Protection; [ 27 ] RECOMMENDS that the parents and the adolescent follow through with the recommendations made by the treating professionals; [ 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 for a period of six months; [ 30 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on June 7, 2019 /cd Mtre Sym Davis Counsel for the Director of Youth Protection Mtre Younes Ameur Counsel for the adolescent Date of hearing: June 4, 2019