r v. A, 2017 QCCQ 20790

Protection de la jeunesse — 1711152 2017 QCCQ 20790 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005221-166 DATE: October 27, 2017 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2000 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A 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 ] On November 8, 2016, the Court declares a situation of endangerment in regards to the adolescent X in relation to educational neglect and serious behavioural disturbance.

Applying various protective measures for one year, the Court entrusts the adolescent to a foster family while providing contacts with his family. [ 2 ] While alleging an overall improvement of the adolescent’s situation justifying his reintegration in his maternal environment, the Director of Youth Protection seeks the revision and extension of the measures for another six months. [ 3 ] Both the adolescent and his parents subscribe to the evaluation and orientation presented by the Director. [ 4 ] Analysis and decision [ 5 ] In foster care, the adolescent shows an overall improvement of his behaviours.

He is able to follow through on rules and can now apply means to better manage his emotions. [ 6 ] His psychological challenges (attention deficit disorder with hyperactivity and moderate intellectual delay), require that he benefit from clear structure and rules, as well as constant supervision to help keep him focused and on track. His lack of introspection and prosocial values remain a constant. [ 7 ] His school performance continues to be problematic. Numerous suspensions are necessary in response to his inability to respect school structure, aggressive behaviours and rudeness to professionals.

At the end of the school year, he decides to pursue his studies on the adult level. [ 8 ] X cooperates well with the caseworker from the DYP, but not as well with the CRDI services, making it difficult to further work with him on his emotional and anger management. [ 9 ] X maintains regular contacts with his maternal environment. Both he and his mother state that these are positive. [ 10 ] The mother cooperates with the interventions and invests herself in pertinent services. There are still significant precariousness in her environment and in regards to her parental capacities.

Notwithstanding, it is observed that X is now more able to control his behaviours and is therefore less vulnerable to these. [ 11 ] X has sporadic contacts with his father, who is recently released from prison and trying to stabilize his personal situation. On

probation for the next three years, he is bound by numerous conditions, including that he receive therapy for his sexual deviance. [ 12 ] Both X and his mother are ready for him to return home.

While challenges remain, the parties submit that the adolescent’s situation has sufficiently evolved to proceed to such with the accompaniment of various measures and services to support him and his family (educator, psychoeducator, CLSC). [ 13 ] After considering the evidence, the Court endorses the orientation proposed by the Director, which concurrently receives the consent of the parties. [ 14 ] FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the application for revision and extension of a Court order; [ 16 ] DECLARES that the security and the development of the adolescent are still in danger; [ 17 ] REVISES and EXTENDS the Court order rendered on November 8, 2016; [ 18 ] ENTRUSTS the adolescent to his mother; [ 19 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures; [ 20 ] ORDERS that the adolescent and his parents report periodically to the Director of Youth Protection on the measures they apply in their own regard on their child’s regard to put an end at the situation; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 22 ] ALL THESE MEASURES for 6 months; [ 23 ] ENTRUSTS the situation of the adolescent to the Director of Youth A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Isabelle Lyonnais Attorney for the Petitioner Me Johanne Leduc Attorney for the mother Me Michel Robert Attorney for the father Me Maryse Fournier Attorney for the adolescent Date of hearing: October 27, 2017