2018 QCCQ 17354, 2018 QCCQ 17354

Protection de la jeunesse — 188399 2018 QCCQ 17354 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31379-167 Date: September 17, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2003 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of September 17, 2018, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on November 30, 2017, whereby the now fifteen year-old adolescent, X , was entrusted to his mother with aid, counsel and assistance, for a period of six months. [ 3 ] The Court was also presented with a similar application regarding the adolescent’s sibling. [ 4 ] The facts alleged in support of the application for extension dated May 29, 2018, are as follows: 3.1. the adolescent has attended school regularly and is doing well academically; 3.2. the mother still struggles to apply her authority with the adolescent, whose behaviours remain somewhat problematic, more particularly but not restrictively in that:

a) conflict occurs regularly between the adolescent and his brother and the mother fails to intervene between them;

b) X continues to be demanding towards the mother and he does not respect her recommendations and her authority;

c) X fails to inform the mother of his whereabouts;

d) the mother refused to work with an educator that was proposed to her for fear of the educator “coming between” the mother and the adolescent; 3.3. the mother requires intervention for herself to address past trauma which impacts on her parental authority, but she has failed to seek such intervention; 3.4. the mother does agree that youth protection is still needed to address remaining issues; 3.5. the father has remained uninvolved with the mother and the adolescent and his whereabouts are unknown (reproduced with errors

and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to his mother, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 6 ] The mother, who chose to proceed without the assistance of legal counsel, denied many of her son’s alleged difficulties respecting her authority.

However, she acknowledged the need for ongoing support and consented to all the proposed measures, with the exception of the recommendation that she seek therapy. [ 7 ] The father was absent at the hearing and his whereabouts remain unknown. Consequently, the Court proceeded in his absence. [ 8 ] The adolescent, assisted by Me Dallaire, agreed to work with an educator but denied the need for any therapy or other services. [ 9 ] The Director filed Exhibits D-11 as evidence: D-11: Court Report, prepared by [Social Worker 2], dated June 22, 2018. [ 10 ] In

summary, the family has made progress since the Director of Youth Protection’s initial involvement.

The adolescent is motivated and doing well at school and no longer reports feelings of depression. [ 11 ] However, challenges remain and the mother acknowledges that she could benefit from the services of an educator as she works to meet all of her child’s needs, including establishing appropriate boundaries. [ 12 ] She also agrees to ongoing social services until the end of the school year to ensure that support remains available for the academic year. [ 13 ] Under the circumstances, given the evidence and the position of the parties, the Court is satisfied that the application is well- founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of the adolescent, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 16 ] ORDERS that the adolescent remain entrusted to his mother; [ 17 ] ORDERS that he attend school on a regular basis unless excused by a medical note; [ 18 ] ORDERS that the family benefit from the services an educator, as quickly as possible, especially TAKING JUDICIAL NOTICE of the mother’s repeated requests for such services; [ 19 ] AUTHORIZES the Director of Youth Protection to exchange relevant information with the adolescent’s school, including teachers and principal; [ 20 ] STRONGLY RECOMMENDS that the Director of Youth Protection support the mother in finding tutoring services in French for her son; [ 21 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the father and granted exclusively to the mother regarding any authorizations required for the adolescent with respect to schooling, extra-curricular activities, health care services and travel including a passport application; [ 22 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and his family; [ 23 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 24 ] THE WHOLE until June 24, 2019.

Signed on October 3, 2018 TAYA DI PIETRO, Q.C.J. Me Angela Nevard Attorney for the Director of Youth Protection Me Karine Dallaire Attorney for the adolescent TD/vl