2015 QCCQ 17527, 2015 QCCQ 17527

Protection de la jeunesse — 159591 2015 QCCQ 17527 JN 0300 COURT OF QUÉBEC YOUTH DIVISION CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] No: 525-41-028340-149 DATE: September 23, 2015 ______________________________________________________________________ PRESIDING JUDGE: THE HONOURABLE JACQUES A.

NADEAU, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A, Director and X (born on [...], 1999), Adolescent and A, Mother and B, Father ______________________________________________________________________ JUDGMENT ON A MOTION FOR REVISION AND EXTENSION (Section 95 of the Youth Protection Act ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or of his parents.

Any person who contravenes this provision commits an offence and is liable to a fine (Sections 11.2, 11.2.1 and 135 of the Y.P.A. ). [ 1 ] The Court intends, by this judgment, to confirm in writing its reasons for the decision rendered during the hearing held on September 23, 2015. [ 2 ] The Court is seized of a Motion for Revision and Extension filed by a person duly mandated by the Director of Youth Protection A (hereafter, « the Director ») on September 30, 2014, pursuant to Subsection 95 (1) and (2) of the Youth Protection Act , to revise and extend the order rendered by the undersigned on November 20, 2014.

[ 3 ] After this judgment was rendered, the adolescent’s behaviour stabilized somewhat in the rehabilitation centre but continued to be challenging at times. [ 4 ] In the spring of 2015, X went AWOL for about a month without informing the rehabilitation staff or his parents of his whereabouts. [ 5 ] Once he was reintegrated to his father’s care at the beginning of June of 2015, X did not respect the rules and the authority of his father, did not inform the latter of his whereabouts or acquaintances and continued to use drugs, especially marijuana. [ 6 ] On August 28, 2015, the Court orders the provisional compulsory foster care of the adolescent in a rehabilitation centre, while also ordering a number of interim measures until the hearing of the Motion for Revision and Extension . [ 7 ] On September 23, 2015, as a principal measure, the Director recommends that the adolescent be maintained in a rehabilitation centre for a period of one (1) year.

The Director also recommends other measures which are meant to resolve the situation which has put the security and development of the adolescent in danger, as appears from the Court Report filed as Exhibit D-1. These measures are sought until the adolescent reaches the age of majority. [ 8 ] The mother is absent at the hearing.

Considering the testimony of the social worker, confirming the mother’s agreement with the measures proposed by the Director, the Court accepts to proceed in the absence of the latter. [ 9 ] The father is present at the hearing and despite being informed of his right to representation by an attorney, he elects to proceed without such assistance. He makes a number of admissions and declares that he his in agreement with the Director’s recommendations. [ 10 ] The adolescent is also present at the hearing.

His attorney proceeds to make several admissions on his behalf and agrees with the measures sought by the Director. [ 11 ] ANALYSIS OF THE EVIDENCE AND DECISION [ 12 ] It appears that since his placement at the end of August, X has been respecting the rules and expectations of the program and has been attending school regularly. [ 13 ] The last year and a half has been a roller coaster ride for X who has shown on one hand that he can at times become out of control when associating with certain individuals and on the other hand, that he can be a positive leader amongst his peers when he wants to. [ 14 ] The father has on occasion been overwhelmed by X’s attitude and behaviours but has remained unwavering in his commitment towards his son even if the recent birth of his daughter has also been a source of some complications. [ 15 ] The placement of X for a significant period is now necessary to put an end to his run of inconsistent behaviour and poor decisions. [ 16 ] He needs to make a serious reality check as he is quickly approaching the age of majority and needs to focus on acquiring the education and skills required to transition to adulthood. [ 17 ] After having received the admissions of the parties, taken into consideration the testimonies heard, as well as the Court Report filed in the Court record, the Court concludes that the preponderance of the evidence establishes that the security and development of the adolescent are still in danger pursuant to the Youth Protection Act . [ 18 ] The Court is also of the opinion that the measures proposed by the Director are in the interest of the adolescent. [ 19 ] AS A RESULT AND FOR THESE REASONS, THE COURT HEREBY: [ 20 ] GRANTS the Motion for Revision and Extension ; [ 21 ] DECLARES that the security and development of the adolescent, X, are still in danger pursuant to the Youth Protection Act ; [ 22 ] AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT: [ 23 ] ORDERS that the adolescent be entrusted to a rehabilitation centre for a period of one (1) year; and after this period, [ 24 ] ENTRUSTS the adolescent to the care of his father; [ 25 ] ORDERS that the adolescent and his father collaborate with the Director of Youth Protection; [ 26 ] STRONGLY RECOMMENDS that the adolescent seek psychological support and counselling; [ 27 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 28 ] ENTRUSTS the situation of the adolescent, X, to the Director of Youth Protection A, for the purposes of executing the measures ordered by the Court;

[ 29 ] ORDERS the execution of this judgment by any peace officer, if necessary; [ 30 ] ALL OF THESE MEASURES, with the exception of the rehabilitation centre placement period, will be in force until the adolescent reaches the age of majority, namely [...], 2017. Signed and filed on December 4, 2015 _______________________________________ JACQUES A. NADEAU, J.C.Q. Mtre Isabelle Loranger AI0942 Attorney for the Director Mtre Alec Fafard AF7221 Attorney for the adolescent Hearing date: September 23, 2015 JAN/mcl