2023 QCCQ 11160, 2023 QCCQ 11160

Protection de la jeunesse — 235787 2023 QCCQ 11160 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000775-236 DATE: November 9, 2023 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on [...], 2010 Child and 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) intervenes with the child and his family for reasons of psychological abuse and serious risk of neglect within the meaning of the Youth protection act (YPA). [ 2 ] Earlier this year, the Court entrusted the child to a rehabilitation centre. [ 3 ] During the summer, the child gradually returns to his paternal family environment. [ 4 ] On August 24, the Court revises and extends an earlier judgment and entrusts the child to his father. [ 5 ] Unfortunately, the situation deteriorated rapidly thereafter.

In fact, a month later, the DYP applied immediate protective measures and entrusted the child to a rehabilitation centre. He has remained in the rehabilitation unit ever since. [ 6 ] The DYP is now asking the Court to revise and extend the last judgment and to order that the child be placed in a rehabilitation centre for the next six months. [ 7 ] The child and father consent to the measures recommended by the DYP. The mother does not attend the hearing, so the Court ignores her position. [ 8 ] At the end of the hearing, the Court rendered judgment orally and granted the application.

Here are the reasons for this decision. [ 9 ] The child displays serious behavioural problems within the meaning of the YPA. He opposes his father’s authority and refuses to respect the rules he sets. [ 10 ] On one occasion, the father had to call the emergency services because the child hadn’t come home for the night. [ 11 ] At school, the situation is no better. The child adopts a disrespectful attitude towards adults in authority and other students. The child is caught with cannabis in his possession at school.

School authorities suspend the child for inappropriate behaviour. [ 12 ] It is in this context that, since September 28, the child is once again in a rehabilitation unit.

[ 13 ] The child has also had difficulty respecting rules and authority since returning to the rehabilitation centre. [ 14 ] The preponderance of evidence convinces the Court that the measures recommended by the DYP, which are supported by the child and the father, are in the child’s best interest. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, 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 sections 38c) and 38b)2 o and are considered to be in danger according to

section 38f) of the Youth protection act ; [ 17 ] ORDERS that the child be entrusted to a rehabilitation centre designated by the DYP until May 31, 2024; [ 18 ] ORDERS that contact between the child and his mother be determined according to an agreement between the parties and AUTHORIZES the DYP to supervise them; [ 19 ] ORDERS that contact between the child and his father be determined according to an agreement between the parties; [ 20 ] ORDERS that the child and his father benefit from outpatient rehabilitation services, as long as deemed necessary by the DYP; [ 21 ] WITHDRAWS from the mother the exercise of all attributes of parental authority; [ 22 ] RECOMMENDS that the mother seek counselling for her personnel issues, notably a psychiatric follow-up; [ 23 ] ORDERS that the parents actively participate in the application of the measures ordered; [ 24 ] ORDERS that a person working for an organization or an institution bring to the child as well as to his family, help, advice and support until May 31, 2024; [ 25 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 26 ] ORDERS that the parties concerned by this judgment comply with it. __________________________________________ JANICK POIRIER, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the child Ms. A the mother (absent) Mr. B the father Written judgment filed on November 15, 2023