2018 QCCQ 20004, 2018 QCCQ 20004

Protection de la jeunesse — 1811268 2018 QCCQ 20004 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005755-189 DATE: September 19, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2001 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant 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 ] The Director of Youth Protection alleges that the adolescent X exhibits serious behavioural disturbance, therefore justifying that the Court apply various protective measures until his majority. [ 2 ] His mother subscribes to the Director’s evaluation and orientation. She communicates to the Court that her spouse (the adolescent’s father) shares her position. [ 3 ] The adolescent admits the essence of the allegations and doesn’t contest the conclusions sought by the Director.

He agrees to receiving support. [ 4 ] Analysis and decision [ 5 ] X lives with his parents. [ 6 ] His behaviours become increasingly problematic since he integrates high school. Drug and alcohol consumption, opposition and delinquency define his behaviours and impact negatively on his functioning at home as well as in his school setting. [ 7 ] Although appropriate structure and routine are in place at home, X refuses to respect any rules or his parent’s authority. [ 8 ] The family dynamic suffers, with conflicts occurring regularly in relation to this problematic. Each blames the other for the situation.

X isolates himself within the family and shows increased distress. [ 9 ] In March 2018, the Director evaluates a complaint in relation to the adolescent showing up intoxicated at school. Intercepted by school authorities, he confirms using drugs on a daily basis, to feeling depressed and of being part of a gang. [ 10 ] X resorts to theft in order to furnish himself in alcohol, eventually being expelled from school when he is found with alcohol on the grounds which he stole from a supermarket. [ 11 ] On May 26, 2018, he is arrested for committing a robbery at a grocery store.

Detained for nine days, upon his release there is an argument and physical altercation between the adolescent and his father on their way to the Director’s offices. [ 12 ] After this incident, X goes to live with his grand-mother on a temporary basis. Upon arriving, he asks for a beer and looks for someone to procure him cannabis. He continues with other questionable behaviours and verbalizations.

[ 13 ] During the evaluation process, the parents are cooperative and admit being overwhelmed by their son’s behaviours. Although they are able to offer an appropriate structure and routine, their son refuses to respect their authority. They make numerous attempts to convince their son to receive help for addiction issues, to no avail. [ 14 ] The adolescent is much less receptive. Although he recognizes the facts underpinning the evaluation (alcohol and drug consumption, delinquency, opposition), he doesn’t see the seriousness of his behaviours.

The adolescent further states that his substance abuse in order to alleviate his anxiety. He refuses any type of services, notably as to his drug consumption and mental health. [ 15 ] At the end of June X returns home.

Incidents of misconduct and opposition continue without much abatement. [ 16 ] In reason of the evidence and the admissions, the Court is satisfied that the measures sought by the Director of Youth Protection are in the adolescent’s best interests as well as respecting the objectives of the Youth Protection Act. [ 17 ] As to the duration of the measures, the Director seeks their application until the adolescent’s majority (August 25, 2019). The Court considers that such should be of a shorter delay and this, before the need to afford change in the adolescent’s situation rapidly in view of his impending majority.

His precarious functioning is impeding his ability to develop towards his independence and requires an intensive application of measures as well as the active participation of all. [ 18 ] As such, the Court renders the order for six months. [ 19 ] Both X and his parents require professional support in order to identify the sources of his behavioural challenges and address these with pointed services. [ 20 ] FOR ALL THESE REASONS, THE COURT: [ 21 ] PARTIALLY GRANTS the application for protection; [ 22 ] DECLARES that the security and the development of the adolescent are in danger in reason of serious behavioral disturbance; [ 23 ] ORDERS that the adolescent remain with his family; [ 24 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered, namely that services be undertaken regarding the adolescent’s mental health as well as his dependency issues; [ 25 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent or his family; [ 26 ] ALL THESE MEASURES for 6 months; [ 27 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry Staub Attorney for the Applicant Me Karine P. Poissant Attorney for the adolescent Date of hearing: September 19, 2018