2020 QCCQ 14326, 2020 QCCQ 14326

Protection de la jeunesse — 20562 2020 QCCQ 14326 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000634-193 DATE: January 28, 2020 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2004 Adolescent -and- A -and- B.

Parents/Respondents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] The director of youth protection (DYP) and other social services were involved in the adolescent’s life on and off for years, notably because of the mother’s addictions and limited parenting skills. [ 2 ] In January of 2018, the Court entrusts the adolescent to his father and extends the application of protective measures until the end of July of 2018.

The file is then closed. [ 3 ] The adolescent’s situation is reported once more to the DYP recently. [ 4 ] In November, the adolescent leaves home and is found afterwards in Town A in possession of a stolen vehicle. He is then entrusted to a rehabilitation centre, on a temporary basis. [ 5 ] On December 11, following the adolescent’s request, he is entrusted to his grandfather pursuant to an agreement on voluntary measures. Unfortunately, it does not work out. In fact, the adolescent runs away the next day, to be found a couple of days later.

He is back to the rehabilitation centre since then. [ 6 ] The DYP submits that the adolescent’s situation require an intervention, because the latter suffers from neglect and shows serious behavioural disturbance. The DYP asks the Court to entrust the adolescent to a rehabilitation centre for six months. [ 7 ] At first, the father agrees with the DYP. He adds that, in the past, he was not strict enough with his son and it led to the present situation. He states that visits go well and his son respects rules during outings. However, the father’s opinion changes during the hearing.

At the end, he expresses his son could come home, but he would have to return to the unit until his majority if it does not work out. [ 8 ] The adolescent pleads that he should be entrusted to his father. He says that he only does his time in the unit, spending his days in his room. He is willing to cooperate and get counselling if he goes back home. [ 9 ] The mother is present at the court house, but she decides to leave prior to the hearing. She has to deal with long-lasting personal issues. [ 10 ] Following the hearing, the Court renders an oral judgement. Here are the reasons supporting that decision.

[ 11 ] Unfortunately, the Court cannot entrust the adolescent to a family setting. [ 12 ] The adolescent has serious behaviour problems. He refuses to comply with rules. He wants things to go his way. He has very little respect, if any, for adult authority. [ 13 ] Previously, while living with his father, the adolescent frequently leaves home without permission, sometimes for days. He is often absent from school.

Moreover, his alcohol and drug use raise concerns. [ 14 ] Since being placed again in December, the adolescent also demonstrates defiant behaviour and attitudes in the unit. [ 15 ] It is a sad situation as the adolescent’s issues most likely stem from a deficient upbringing. Both parents have had issues which impact their parenting skills. [ 16 ] The adolescent was not provided with proper supervision and guidance during childhood.

It is therefore not surprising that he has a hard time dealing with rules and authority. [ 17 ] The father honestly admits that he cannot, at this time, offer the structure his son’s situation requires. Nevertheless, he wants his son to come back as soon as possible and the interventions will aim towards that objective. [ 18 ] The evidence clearly demonstrates that the adolescent is in need of protection because he suffers from neglect and shows behavioural disturbance.

The evidence also convinces the Court that the measures the DYP recommends meet the adolescent’s best interest. [ 19 ] The application is therefore well founded.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 20 ] GRANTS the application for protection; [ 21 ] DECLARES that the security and development of X are considered to be in danger according to sections 38b)1 o iii and 38f) of the youth protection act ; [ 22 ] ORDERS that the adolescent be entrusted to a rehabilitation centre designated by the DYP until July 31, 2020; [ 23 ] ORDERS that contact between the adolescent and his parents be determined according to agreement between the parties; [ 24 ] RECOMMENDS that the adolescent participate with addiction counselling, as deemed necessary; [ 25 ] RECOMMENDS that the adolescent participate with psychological counselling; [ 26 ] RECOMMENDS that the parents participate and maintain a stable role in their child's life, secure a family home and work on parental skills; [ 27 ] RECOMMENDS that the mother continue to actively participate in follow-up with an addictions counselor and treatment, if deemed necessary; [ 28 ] RECOMMENDS that the parents actively participate in psychological counselling to help deal with their personal issues; [ 29 ] ORDERS that the parents receive external education services; [ 30 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 31 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until July 31, 2020; [ 32 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment; [ 33 ] ORDERS to individuals covered by this order to comply.

__________________________________ JANICK POIRIER, J.C.Q. Me Louyse A. Lemieux for the applicant Me Isabelle Gagnon for the adolescent Me Alexis Deschênes for the father Mrs. A the mother (absent) Mr. B the father Written judgment filed on January 29, 2020