2017 QCCQ 6083, 2017 QCCQ 6083

Protection de la jeunesse — 172674 2017 QCCQ 6083 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000532-173 DATE: March 8, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2000 Adolescent -and- A -and- 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 ] The Director of youth protection (DYP) asks the Court to declare that the security or development of the adolescent is in danger, because of his behaviour problems. [ 2 ] The mother is not present during the hearing, even though she was duly served. [ 3 ] Concerning the father, the DYP request to be dispensed of the serving of the application since his address is unknown. Moreover, they used a specialized firm [1] to retrace him without any result.

For these reasons and in the best interest of the youth, the hearing will proceed and the court will dispense the serving of those proceedings to the father. [ 4 ] The adolescent is also absent but duly represented. Counsel for the adolescent expresses his consent to the measures proposed by the DYP and the filing of the report to value as testimony of its author. [ 5 ] On January 13, 2017, an event concerning the adolescent occurs. He was aggressive and was punching the walls. The police had to intervene. On the same day, an immediate protective measure was applied to entrust him to a rehabilitation unit.

This measure was extended, for an additional five days, to January 16, 2017 due to the adolescent’s behaviour. [ 6 ] Mostly he was using drugs and alcohol. He was aggressive towards his peers and he demonstrated in school important behavioural and academic difficulties. It seems those problems are recurrent and escalating. [ 7 ] On January 19, 2017, a provisionary measure was ordered until March 8, 2017, to pursue the placement of the adolescent in the rehabilitation unit. [ 8 ] It is not the first time that the DYP is involved in this youth’s life for the same motive.

On August 13, 2015, an order was rendered entrusting the adolescent to a rehabilitation unit until February 28, 2015. In fact in 2015, he was in and out that resource. [ 9 ] Between 2013 and 2016, the adolescent had a several conflicts with the law. Most of the time those events involved alcohol. [ 10 ] The adolescent is sixteen years old. He is diagnosed with an attention deficit hyperactive disorder (ADHD), for which he is medicated but often he does not take it as prescribed. In the past years he lived a very traumatic episode, a sexual abuse.

From the mother’s perspective, her son was never the same since that painful experience. That’s when basically his attitude changed for the worst.

[ 11 ] His passage at the Rade was beneficial for the adolescent. It appears that his situation improved greatly. He is doing better in school and he attends it daily. He is now willing to follow all professional services required to help him deal with his issues. [ 12 ] Furthermore, we can observe that he is more respectful, he follows his curfew, he does his chores and he is taking freely his medication. [ 13 ] The adolescent stopped taking drugs and has not had any problems with the law since the last incident. [ 14 ] The mother is raising her son alone and she continues her life of sobriety.

The relationship between her and her son has improved through the years. She is supportive of him and tries to fulfill his needs. She is well aware of his difficulties. She noticed positive changes in his attitude and also that her son seems to have stopped using drugs. [ 15 ] The mother collaborated well with the services and she wants to pursue her work with them in order to help her son, for whom she cares deeply. In fact, she wishes to continue improving. [ 16 ] Concerning the father, as mentioned above, he is nowhere to be found.

Furthermore, he is not involved in his son’s life. [ 17 ] Even if the situation has evolved positively there is still work to be done in order to put an end to the endangerment. At the moment, the adolescent seems to be on the right path but help will be needed to achieve its goal to have a better life for himself and his future. Since he is now open to receive services, we can hope that the situation will progress even more. [ 18 ] The evidence demonstrates that the security and development of the adolescent are still in danger.

Under the circumstances, considering the admission and consent of the parties, the application is well founded. The suggested measures appear to be in the best interest of the adolescent. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 19 ] GRANTS the application for protection; [ 20 ] DISPENSES the DYP to serve this application to the father; [ 21 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the youth protection act ; [ 22 ] ORDERS that the adolescent be entrusted to his mother for a period of twelve (12) months ending on the last day of that month, therefore March 31, 2018 [ 23 ] RECOMMENDS that the adolescent benefits from psychological counselling; [ 24 ] RECOMMENDS that the parents benefit from psychological counselling; [ 25 ] RECOMMENDS that the adolescent participate in an addiction assessment, and in an addiction counselling as long as deemed necessary; [ 26 ] ORDERS that the adolescent and his mother benefit from external educator services; [ 27 ] ORDERS that the adolescent and his family actively participate in the application of the present of the order intended to put an end to the situation of endangerment; [ 28 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the adolescent and his family for a period of twelve (12) months ending on the last day of that month, therefore March 31, 2018; [ 29 ] 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. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother (absent) Mr. B the father (absent)

Date of hearing: March 8, 2017 Written judgment filed on April 4, 2017