2019 QCCQ 14942, 2019 QCCQ 14942
Opinion
Protection de la jeunesse — 1910476 2019 QCCQ 14942 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 145-41-000483-153 DATE: December 5, 2019 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2002 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 ] For several years, the adolescent has shown behavioural disturbances that led to numerous placements. [ 2 ] Alleging that his situation has not improved at all, the director of youth protection (DYP) asks that the adolescent remain in a rehabilitation centre until he comes of age, one year from now. [ 3 ] Through his lawyer, the adolescent indicates that he consents to the recommended measures. The mother also agrees, according to the letter she sent.
The father is neither present nor represented at the hearing. [ 4 ] Following the hearing, the Court renders judgment orally, granting the application. Here are the reasons supporting that decision. [ 5 ] The adolescent still demonstrates serious behavioural issues. He gets intoxica-ted, and sometimes displays aggressive behaviours. Generally speaking, he refuses to comply with rules and authority. In school, he skips class and leaves school property. [ 6 ] Moreover, the adolescent’s relationship with his parents is strained. From time to time, he gets angry at his mother, then at his father.
A few months ago, he has regular outings at his father, but he takes advantage of it to go out and put himself in risky situations. [ 7 ] Given the long-lasting problems, an extension of the placement until December of next year is appropriate. The adolescent’s lawyer indicates that his client’s intentions are to go to school, graduate and behave adequately. He hopes to have his situation revised around next summer. The Court can only hope that those good intentions will become real actions leading to positive changes. Time will tell. [ 8 ] The evidence convinces the Court that the application is well founded.
FOR THESE REASONS, THE COURT: [ 9 ] GRANTS the application for revision and extension of order; [ 10 ] DECLARES that the security and development of X are still considered to be in danger according to
section 38 of the youth protection act ; [ 11 ] REVISES AND EXTENDS the Court order rendered on July 24, 2019; [ 12 ] ORDERS that the adolescent be entrusted to a rehabilitation center designated by the DYP until [...], 2020;
[ 13 ] ORDERS that the contacts between the adolescent and his parents be determined following an agreement between the parties; [ 14 ] ORDERS that the parents report to the DYP whenever required on the measures they apply to themselves and to their son to put an end to the situation of endangerment; [ 15 ] RECOMMENDS that the adolescent continue to benefit from the services of an addiction counsellor; [ 16 ] RECOMMENDS that the adolescent submit himself to random drug testing; [ 17 ] RECOMMENDS that the adolescent undergo a psychiatric evaluation; [ 18 ] ORDERS that the adolescent and his parents actively participate in the application of the measures ordered; [ 19 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until [...], 2020; [ 20 ] 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 judgment. __________________________________ JANICK POIRIER, 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) Written judgment filed on December 6, 2019
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