2017 QCCQ 8510, 2017 QCCQ 8510

Protection de la jeunesse — 173406 2017 QCCQ 8510 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No. 640-41-002069-166 DATE: January 30, 2017 ______________________________________________________________________ PRESENT: THE HONOURABLE RENÉE LEMOINE J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2001 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, District A Applicant and A , residing and domiciled in City A, District A Mother and B, residing and domiciled in City A, District A Father ______________________________________________________________________ JUDGMENT ( sections 38 and 75 , Youth Protection Act , CQLR, c.

P-34.1) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is guilty of 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 A (D.Y.P.) asked the Court to declare the security and development of the child, X, born on [...], 2001, in danger under

section 38 of the Youth Protection Act . [ 2 ] The child and his mother admitted almost all the allegations of the motion. The father was not present at the hearing. He is not involved in the youth’s life. [ 3 ] The evidence revealed that the youth displays very serious behaviour problems. He admitted using marijuana on a daily basis and drinking alcohol regularly.

He also recognized having sniffed gasoline. [ 4 ] He will have to face many charges under the Youth Criminal Justice Act . [ 5 ] He displays suicidal ideation and suicidal behaviour. [ 6 ] More specifically, on June 24, 2016, he threatened to commit suicide. He said he wanted to reach his brother who had committed suicide. [ 7 ] On July 27, 2016, the youth was aggressive toward his mother. He broke furniture in the house as well as a window. He went outside and placed a knife on his throat, telling his mother that he would kill himself if she called the police.

The same day, he took a rope and tried to hang himself in the shack behind the house. [ 8 ] Again, on October 24, 2016, X threatened to kill himself. He threatened to kill his mother and his sister with a knife, aiming it at them. He was arrested by the police and was imposed the condition not to communicate with his mother and his sibling. [ 9 ] The mother is afraid for her security and for her son’s security.

She is overwhelmed by the child’s behaviour. [ 10 ] Because of the escalation of his aggressive and impulsive reaction, he was entrusted to a rehabilitation centre. [ 11 ] The Court has no hesitation declaring that the security and development of the child are in danger under

section 38 (

f) and (b)(1) (iii) of the Youth Protection Act . APPLICABLE MEASURES

[ 12 ] The mother is currently unable to provide a safe environment for the child. He needs professional services to help him control his anger and express his feelings in a proper way. He also needs to learn to function with structure and accept rules. [ 13 ] X will have to go back to school. He did not attend school from 2010 to 2016. He did not receive basic education from school. [ 14 ] His mother is aware that she lacks authority. She is willing to work with social services and an educator in order to develop her parenting skills.

FOR THOSE REASONS, THE COURT: [ 15 ] GRANTS the motion; [ 16 ] DECLARES that the security or development of X, born on [...], 2001, is in danger; [ 17 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre, for a period of six months with possible reintegration as soon as the situation allows; [ 18 ] ORDERS that the child and the child’s parents take an active

part in the application of the measures ordered by the Court; [ 19 ] ORDERS that the child and the child’s parents report regularly in person to the Director of Youth Protection to inform him of the current situation; [ 20 ] ORDERS that the child receive specific health care and health services, in particular a psychological assessment; [ 21 ] ORDERS that the child attend a school or another place of learning or participate in a program for developing skills and autonomy; [ 22 ] RECOMMENDS that the mother seek help from social services concerning her parental capacity issues; [ 23 ] ORDERS that contact between the child and the parents be supervised by the Director of Youth Protection as for the terms, frequency and degree of supervision; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and the child’s family until November 30, 2017; [ 25 ] ORDERS the police to cooperate in the execution of this judgment; [ 26 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of this judgment; [ 27 ] THE WHOLE until November 30, 2017. __________________________________ RENÉE LEMOINE J.C.Q.

Mtre. Kimon Kling Attorney for the child Mtre. Aubree Coutanson Attorney for the applicant Mtre. Angèle Tommasel Attorney for the mother Date of hearing: November 30, 2016