2018 QCCQ 14359, 2018 QCCQ 14359

Protection de la jeunesse — 184727 2018 QCCQ 14359 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF […] N° : 525-41-027954-130 DATE : January 18, 2018 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on […], 2001 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , party Respondents ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act ) ______________________________________________________________________ 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on January 18 th , 2018. [ 2 ] The Director of Youth Protection (the Director) seizes Court with an Application for revision and extension of a decision rendered by the undersigned on April 7 th , 2017.

The Director is asking that the adolescent remain entrusted to a rehabilitation center and that youth protective measures be rendered for a period of nine months. [ 3 ] The mother is absent at Court and her position is unknown to the Director. [ 4 ] The adolescent admits most of the facts alleged in support of the application. He wishes to be allowed to go back home (with his mother or with Mr.

B) as soon as possible but accepts the placement suggested by the Director. [ 5 ] Mr. B, recognized as a party and considered by the adolescent as his father, admits all the facts alleged by the Director. Mr. B agrees with the conclusions sought by the Director and he is committed to continue to work collaboratively with the Director. CONTEXT [ 6 ] Despite the services provided to the adolescent and his placement in rehabilitation center, the adolescent continues to struggle with his behaviors. [ 7 ] On two occasions, the suicidal protocol had to be followed by the school staff. Although the adolescent was not deemed

suicidal on those occasions, it was felt that he needed to be closely monitored. [ 8 ] In May 2017, at school, an incident occurred. The adolescent denies having been rude, aggressive and disrespectful to the teacher but his attitude was certainly perceived that way. [ 9 ] X continues to struggle in his relationship with his sister Y. She had expressed she could longer support X on his weekends at her home. Their relationship suffered and became strained. [ 10 ] In early June 2017, during a weekend the adolescent was spending at the family campground with Mr. B, an incident occurred.

The adolescent found a way to buy drugs and offer some to his younger sister Z. The following morning, the adolescent slept in and when he woke up, he was sweating profusely and was very drowsy. Mr. B later found out that the youth was reacting to the drugs he had taken the night before. [ 11 ] As a result, Mr. B remains open to have visits and contacts with X but not at the family home. [ 12 ] During the summer, the youth was to attend summer camp. On June 26 th , at camp, the adolescent became aggressive towards staff and threw a rock at them.

On another occasion, he was caught late at night, hiding in a bush near the bathroom with a female camper. [ 13 ] The youth has been allowed to have some contact with his mother. Unfortunately, Mrs. A remains unwilling to work collaboratively with the Director. [ 14 ] During a weekend the adolescent was allowed to spend at his mother’s home, an incident of conjugal violence occurred. The mother and her partner had a dispute and the adolescent was cought in the middle of their fight. The adolescent tried to intervene but the partner of the mother became verbally abusive towards him and threatened to harm him.

X sent a text message to his sister and asked her to phone the police. [ 15 ] X and his mother managed to sneak out of the apartment to meet with the police officer in the lobby. Although Mrs. A had promised X that they would go together to the police station and formally file a complaint against the mother’s partner, the mother changed her mind. The adolescent was devastated. [ 16 ] X has received therapy from the CLSC since May 2017.

He is also receiving support from the school psychologist. [ 17 ] In order to provide reassurance that the adolescent will not witness conjugal violence, the Director will monitor non physical contacts between the adolescent and his mother. The Director will also provide the adolescent with the support he needs regarding that relationship. [ 18 ] The adolescent also understands the reasons why he cannot, at this point in time, reintegrate Mr. B’s home. Progressively, the adolescent will be allowed to spend weekends at home, including overnights.

X has to be committed to behave appropriately and to try and reestablishe a healthy relationship with all family members. [ 19 ] In the meantime, the support and structure provided by the rehabilitation center are still needed. [ 20 ] The Director has established that the security and development of the adolescent are still compromised. The recommendations made to Court meet the needs of the adolescent and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the application; [ 22 ] DECLARES that the security and the development of the adolescent are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 23 ] ORDERS that X remain in a rehabilitation centre for a period of nine months; [ 24 ] SUSPENDS the physical contacts between X and his mother until Ms.

A collaborate with the worker; [ 25 ] ALLOWS the non physical contacts between X and his mother; [ 26 ] ORDERS that the modalities and duration of the non physical contacts between the adolescent and his mother be determined by the Director; [ 27 ] ORDERS that the modalities and duration of the contacts between X and his sisters Y and C be determined by the Director; [ 28 ] TAKES ACT of the desire of the adolescent to continue to work with his CLSC therapist and STRONGLY RECOMMENDS that X continue to work with his CLSC therapist and follow the recommendations being made; [ 29 ] ORDERS that X, Ms. A and Mr.

B collaborate with the Director; [ 30 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 31 ] ENTRUSTS the situation of adolescent 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; [ 32 ] ORDERS the execution of the present judgment by any peace officer, if necessary; [ 33 ] THE WHOLE for a period of nine months. Signed on February 27, 2018 _______________________________ MARIE ARCHAMBAULT, J.C.Q. Me Isabelle F. Loranger Attorney for the Director of Youth Protection Me Guy-Luc Grondin Attorney for the adolescent Date of hearing : January 18, 2018 MA/vl