2017 QCCQ 16090, 2017 QCCQ 16090

Protection de la jeunesse — 176749 2017 QCCQ 16090 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] TOWN [...] Youth Division No: 145-41-000171-022 DATE: September 7, 2017 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2000 Adolescent and A and B Parents/Defendants ______________________________________________________________________ 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 September of 2016, the Court orders that the youth be entrusted to a rehabilitation center until the end of July of this year. [ 2 ] The director of youth protection (DYP) now asks the Court to entrust the adolescent to a rehabilitation center for a few more months and then to a foster family until he reaches his age of majority. [ 3 ] Through his lawyer, the adolescent expresses his consent to the measures recommended by the DYP.

The parents are neither present nor represented at the hearing. [ 4 ] The youth is removed from his parents' care in his early years. After a significant period of time in foster care, he shows behavioural disturbances, during his teenage years and ends up in a rehabilitation unit, from May 2015. [ 5 ] The adolescent shows some progress, but he still struggles with issues. The youth spends most of the last year in the Town A area. He has his ups and downs during the year. [ 6 ] At times, the youth shows defiant and other forms of inappropriate behaviour. He obviously suffers from feeling abandoned.

He tends to run away when he faces a situation that he is emotionally unable to cope with. [ 7 ] However, the adolescent involves himself in follow-ups. He meets with a psychologist, gets help in regards with his addiction problem and cooperates with workers into the unit. The professionals notice improvement in the youth's attitude and self-esteem. [ 8 ] The youth achieves success in school, he has very good marks all over the last school year. Moreover, he is very motivated to pursue his studies.

He wants to complete his education and move forward in a trade program. [ 9 ] For a while, a few months ago, the DYP foresees that the youth be entrusted to his sister. However, problems arise during the summer and there has to be a change of plans. [ 10 ] In July, the youth does not return from an outing with his sister. For six days, his whereabouts remain unknown, until he is found by the police. He runs away, once more, on the following day, to be found four days later. [ 11 ] The youth then spends one month in an intensive care unit. He is just recently back into a unit located in his community.

He is anxious to start school and says he does not want to jeopardize it. We can only hope that motivation will prevail and help the youth remain on a good path. [ 12 ] Meanwhile, it is necessary to extend the adolescent's stay in a rehabilitation center. Hopefully, his behaviour will permit his

integration in a foster family, as recommended in the application. [ 13 ] The adolescent will become an adult in less than one year. It is in his best interest to have a transition from the rehabilitation center before, but not at any price. [ 14 ] Considering the evidence and the youth's agreement, the Court will grant the application. WHEREFORE, THE COURT: [ 15 ] GRANTS the application for revision and extension of order; [ 16 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 17 ] ORDERS that the youth be entrusted to a rehabilitation center designated by the director of youth protection until November 30, 2017 and then, that he be entrusted to a foster family until [...], 2018 (date of his majority); [ 18 ] ORDERS that contacts between the youth and his parents be determined following an agreement between the parties; [ 19 ] RECOMMENDS that the youth and his family benefit from psychological counselling to deal with their personal issues; [ 20 ] ORDERS that the youth and his mother actively participate in external education services; [ 21 ] RECOMMENDS that the youth receive help for his addiction problems from an addiction worker and provide random drug testing; [ 22 ] RECOMMENDS that the youth participate in a psychological assessment; [ 23 ] ORDERS that the youth and his family actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 24 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the youth and his family until [...], 2018 (date of his majority); [ 25 ] ENTRUSTS the situation of the youth to the director of youth protection of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on September 22, 2017