2017 QCCQ 13521, 2017 QCCQ 13521

Protection de la jeunesse — 175946 2017 QCCQ 13521 JM2505 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-008651-178 DATE : August 22, 2017 ______________________________________________________________________ PRESIDED BY : THE HONORABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X , born on [...], 2002 Child -and- A Mother -and- B Father ______________________________________________________________________ J U D G M E N T Section 95(1) 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) presents a Motion for Revision of a Court Decision rendered on April 18, 2017. [ 2 ] Following said decision, the Court ordered that the child be entrusted to an institution operating a rehabilitation center until July 31, 2017.

The Court also ordered that the child and the family receive aid, counselling and assistance until August 30, 2017 and that the contacts between the child and his parents be following agreement between the parties. [ 3 ] Today, the Director recommends that the child be entrusted to a rehabilitation center for a period of one year and that the child and his mother continue family therapy and follow the recommendations. [ 4 ] The mother and the child disagree with the measures sought by the Director. They ask that the child be entrusted to the mother.

[ 5 ] The father is absent. [ 6 ] Since the last Court order, the situation of the child has not evolved positively. [ 7 ] The contacts between the mother and the child which are scheduled each weekend are problematic. Namely, the child does not respect his mother’s authority. He drinks and uses drugs and has no desire to stop. He is frequently intoxicated and under the influence of drugs. [ 8 ] On May 22, 2017, the child vandalized his room at the group home and was disrespectful with certain female staff. [ 9 ] On July 7, 2017, the child was transferred to the [unit A] on the [campus A].

Considering his behavior, he needed a higher structured unit. [ 10 ] During the summer, the child continued to use drugs and alcohol. On July 23, he did not return home for his curfew. The mother reported that her son was verbally abusive towards her, and that she was so fed up with him swearing at her that she yelled and swore back at him. [ 11 ] Since May 2017, the mother and the child have participated in a family therapy. They are generally collaborative and cooperative. The treatments have focused on respect and trust between them.

They have established different rewards rather than punishments to reinforce the child’s behavior. The goal is to clarify responsibilities and commitments when the child returns home, to reduce the violence and to help them to communicate more effectively. ANALYSIS [ 12 ] The child’s situation did not progress as expected since the last Court order. [ 13 ] The mother reports that it is mainly because her son is in a placement setting and that he is acting out when at home as he is unable to do so during the week.

The mother believes that if her son comes home, his behavior will change. [ 14 ] As to the child, he mentions that he has learned to control his “bad decisions” and learned how to stay out of trouble. He recognizes that he has to listen and respect his mother’s rules and focus on school. [ 15 ] The Director alleged that the child’s behavior is destructive, that it is hindering his education and that it is putting him at risk. [ 16 ] The Court concludes that it is premature to return the child back home. The relationship with his mother has to improve.

Furthermore, the child must participate in a therapy for his addictions problems. [ 17 ] The child also agrees to receive traditional services as requested by the mother. [ 18 ] The situation is too fragile to accept the child’s and the mother’s demand. The child will remain in a rehabilitation center until December 23, 2017.

FOR THESE REASONS, THE COURT: [ 19 ] GRANTS the application; [ 20 ] DECLARES that the security and the development of the child are still in danger; [ 21 ] ORDERS that the child be entrusted to an institution operating a rehabilitation center until December 23, 2017; [ 22 ] ORDERS that the contacts between the child and the parents be upon agreement between the parties; [ 23 ] RECOMMENDS that the child’s contacts with the mother be held every weekend and during the holidays; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the family; [ 25 ] RECOMMENDS that the child receive traditional help; [ 26 ] ORDERS that the parents report in person at regular intervals to the Director of Youth Protection to inform him of the current situation; [ 27 ] ORDERS that the child meet with his addictions response worker and follow the recommendations; [ 28 ] RECOMMENDS that the child and the mother continue family therapy and follow recommendations; [ 29 ] RECOMMENDS that the mother continue individual services and follow recommendations; [ 30 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment; [ 31 ] THE WHOLE for a period of one year except for the rehabilitation center which is ordered until December 23, 2017.

________________________________ Lyne Morin , J.C.Q. Mr Simon Primeau-Laganière Trainee for the Director M e Alexandre Niquette Attorney for the child Date of the hearing: August 22, 2017