2016 QCCQ 18268, 2016 QCCQ 18268

Protection de la jeunesse — 169145 2016 QCCQ 18268 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 525-41-031656-168 DATE: October 13, 2016 ______________________________________________________________________ BY THE HONOURABLE LINE BACHAND DIRECTOR OF THE YOUTH PROTECTION A and X Born on [...], 1999 child and A B parents 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 ] X, 17 years old, was living with his mother until September 23 th .

On that day, the Court granted a motion of the Director of Youth Protection (Director) who was requesting an order of provisional compulsory foster care of the adolescent to a rehabilitation center. [ 2 ] Today, the Director asks the Court to declare that the security or the development of the adolescent is in danger because he has serious behavioural disturbances. [ 3 ] Concerning the measures to be ordered, the Director suggests that X be entrusted to a rehabilitation center until [...] 2017, which is the date of his majority.

He is also suggesting a social follow up for the same period and ask to be authorized to obtain and share information with professionals working with the family. Finally, he suggest that the Court recommends a psychoeducational needs re-assessment, that X participates in a substance assessment and follows the recommendations, that X attends an educational program geared at developing skills. [ 4 ] The father is not involved in the life of X but this morning the social worker talked to him by phone. She briefly explained to him the situation. She told him about the hearing of today.

She resumed that the father told her to do what she has to do. He did not asked for a suspension and he did not say that he would like to be present during the hearing. Considering those facts and the agreement of the parties to proceed without the presence of the father, the Court decided to proceed.

[ 5 ] The mother testifies. She confirms that she is overwhelmed by the behaviours of X. She agrees with the adolescent’s placement. Mainly, she says that one of her concern is the company that his adolescent keeps. She is also concerned by the fact that he is not attending school and he is not working. She felt that she is unable to protect him and that, most part of the time, he is not following the few rules that she try to apply. She is in agreement with the content of the report filed as D-2. [ 6 ] The adolescent, through is lawyer, agrees with the content of the social report filed as D-2.

He wants to do everything that is possible to go back to his home. [ 7 ] Considering the report and the testimony of his mother, the adolescent will have to change his behaviours to be able to go back home. One of the problems is that he does not recognize the serious of his situation. For example, last summer he was shot by a firearm when he was with his friends.

The social worker wrote that he denies that his safety is at risk (D-2 p. 8). [ 8 ] CONSEQUENTLY, THE COURT: [ 9 ] GRANTS the motion; [ 10 ] DECLARES that the security or development of X is in danger because of his behavourial disturbances; [ 11 ] AS FOR THE MEASURES : [ 12 ] ORDERS that X be entrusted to a rehabilitation center until [...] 2017; [ 13 ] ORDERS that aid, counselling or assistance be provided to X and his family until [...] 2017; [ 14 ] CONSIDERING the best interest of X for the same period : [ 15 ] RECOMMENDS that X’s psychoeducational needs be re-assessed; [ 16 ] RECOMMENDS that X get involve in a substance abuse assessment and follow the recommendations; [ 17 ] RECOMMENDS that X attend an educational program geared at developing skills; [ 18 ] AUTHORIZES the Director of Youth Protection to obtain and share information with professionals working with the family; [ 19 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 20 ] ORDERS the execution of this judgement by any peace officer, if necessary __________________________________ Line BACHAND, J.C.Q.

Me Marie-Josée PAIEMENT Attorney of the Director of Youth Protection A Me Alec FAFARD Attorney for the adolescent Date of hearing : October 13, 2016