2019 QCCQ 19555, 2019 QCCQ 19555

Protection de la jeunesse — 197992 2019 QCCQ 19555 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000522-166 DATE: October 10, 2019 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2003 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 revise and extend the order rendered on June 7, 2019, in respect of the adolescent in order to entrust him to a rehabilitation center. [ 2 ] At the hearing, the mother is present. She wishes to proceed without representation. She admits the facts of the application and agrees with the sought conclusions of the DYP. The adolescent is present and duly represented. He agrees with the measures.

The father is absent, even though he was duly notified of the proceedings. The parties consent to the filing of the reports to value as testimony of their authors. [ 3 ] During the last measure, a progressive return of the adolescent with the father was targeted but without success. This followed a situation that occurred during an outing with the father in the summer. The information provided is that the adolescent was disrespectful and verbally violent with his step-mother and other family members. After this incident the father did not want him to return, until he admits what he has done, as well as apologize.

On this day, what really happened during that visit remains nebulous. Since then, the father’s involvement has stopped and communications with the DYP have considerably decreased. [ 4 ] Since July 2019, the adolescent spends more time in the rehabilitation unit because he no longer visits his father anymore and only sees his mother on the weekends. [ 5 ] The adolescent visits his mother to maintain the bond between them. These contacts are very positive and go well. They both wished it was longer. Despite everything, the mother stays involved in her son’s life.

Even, if she still worries that her son will take control of the house, she hopes to get him back. Now she is open to that idea unlike before. Their relationship was not healthy previously but it is not the case anymore. He is respectful with her and no longer tries to control her. [ 6 ] The adolescent is aware of his difficulties when he experiences frustrations or has difficult times with his peers. When this happens, he has strong reactions as well as anxiety as if he is about to explode. A few times, he was removed from the group and has to be reminded to calm down.

Still, he hardly recognizes his faults and lacks introspection towards his actions. However, he no longer uses physical violence during the last measure, he is proactive, motivated and uses methods to control himself. [ 7 ] It appears that the adolescent’s situation in the rehabilitation unit has improved in the past months. A lot of work still has to be done namely regarding communication. Both parents also find that their son’s behaviour has improved positively. The adolescent’s openness to participate in follow-ups is certainly no stranger to these encouraging changes.

[ 8 ] The evidence demonstrates that the security and development of the adolescent are still in danger. Under the circumstances and considering the evidence, the admissions and the parties consents, the application is well founded. The suggested measures appear to be in the best interest of the adolescentd. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 9 ] GRANTS the application for revision and extension of order; [ 10 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 11 ] REVISES AND EXTENDS the court order rendered on June 7, 2019; [ 12 ] ENTRUSTS the adolescent to a rehabilitation center until April 30, 2020; [ 13 ] ORDERS that the contacts between the adolescent and his parents be determined following an agreement between the parties; [ 14 ] AUTHORIZES that the adolescent benefits from extended outings, if the situation permits; [ 15 ] RECOMMENDS that the adolescent continues his psychological follow-up and child psychiatrist follow-up; [ 16 ] ORDERS that the adolescent’s life project be clarified by the DYP; [ 17 ] RECOMMENDS that the mother continues her personal psychological follow-up; [ 18 ] RECOMMENDS that the mother submit herself to a psychological evaluation; [ 19 ] ORDERS that the parents and the adolescent actively participate in the application of the measures ordered; [ 20 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and his family until April 30, 2020; [ 21 ] 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 judgement. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother Mr. B the father (absent) Written judgment filed on October 15, 2019.