2021 QCCQ 9079, 2021 QCCQ 9079

Protection de la jeunesse — 211371 2021 QCCQ 9079 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 565-41-000448-213 DATE: February 23 rd , 2021 ______________________________________________________________________ BY THE HONOURABLE JEAN-FRANÇOIS NOËL, J.Q.C. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Petitioner and X , born on [...], 2006 Adolescent and A B Parents ______________________________________________________________________ JUDGMENT (sections 38 and 75, 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Court is seized of a motion under

section 38 of the Youth Protection Act (Y.P.A.) concerning the adolescent X, aged 15. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent’s security or development is endangered as a result of a situation of serious behavioral disturbance. [ 3 ] In terms of measures, the Director recommends that the adolescent be entrusted to a rehabilitation centre for the next six months.

The Director also recommends that the adolescent receive services with regards to his consumption issues and that the parents do likewise for their parental abilities. [ 4 ] The parents admit the essential allegations in support of the motion, including the fact that the adolescent is behaving in a manner that seriously undermines his physical or psychological integrity. The parents agree with all of the Director’s recommendations. [ 5 ] The adolescent admits some of the facts.

While he does not agree with being entrusted to a rehabilitation centre, he recognises that his parents are not willing to take him back at present and he has no alternate plan to offer. He is asking, however, that his stay at the rehabilitation centre be shortened.

ANALYSIS [ 6 ] This is the third time the Director intervenes in the situation of the adolescent for the same motives. While the parents previously appeared to be able to manage the situation, that is no longer the case. [ 7 ] The evidence reveals that the adolescent is displaying violent behavior and uttering threats, is using drugs to a point where he has no memory of certain events and is currently suspended from school. [ 8 ] Prior to being entrusted to a rehabilitation centre during the proceedings, the adolescent was staying with this father.

The father struggles in setting strict rules and maintaining discipline and he can be manipulated by the adolescent, who is very persistent. [ 9 ] The mother offers a stricter environment; she is not willing to take her son back under her care for the moment in light of his behavior. Both parents agree that their son currently needs the level of care and discipline that a rehabilitation centre offers. [ 10 ] Despite being entrusted to such a centre since January 12 th , 2021, very little progress is noted thus far in the adolescent’s behavior. His anger outbursts, in particular, remain very much present.

Up until the day of the hearing, the adolescent remained hopeful that one of this parents would agree to take him back home immediately. [ 11 ] It is hoped that the parents’ position and their commitment to address their son’s difficulties will motivate him to come around and make the needed changes. For now, much work still needs to be done. On the upside, the adolescent desires to go back to school. [ 12 ] Insofar as the duration of the measure is concerned, the six months proposed by the Director is both adequate and necessary in the current circumstances.

Both parents agree. [ 13 ] THEREFORE THE COURT : [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security and the development of the adolescent is endangered as a result of the situation of serious behavioral disturbance; [ 16 ] ORDERS the implementation of the following protection measures:

a) That the adolescent be entrusted to a rehabilitation centre for a period of 6 months;

b) That the visits and other contacts between the adolescent and his parents be determined by agreement between the parties;

c) That the adolescent and his parents take an active

part in the application of the measures designed to put an end to the situation that is endangering the security or development of the adolescent;

d) That a person authorised by the CISSS[A] First Nations Services provide aid, counselling and assistance to the adolescent and his family for a period of one year; [ 17 ] RECOMMENDS that the adolescent receive all the health care and services required by his condition (consumption and anger management issues); [ 18 ] RECOMMENDS that the parents receive care and services with regards to their parental abilities; [ 19 ] STRONGLY RECOMMENDS that the adolescent attend school on a regular basis as soon as possible; [ 20 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection who shall then see that the measures are carried out.

Signed on March 30 th , 2021. __________________________________ JEAN-FRANÇOIS NOËL, J.Q.C. M e Laura Normandin Counsel for the Director of Youth Protection M e Louis-André Hubert Counsel for the adolescent A Mother B Father

Date of hearing: February 23, 2021