2021 QCCQ 5850, 2021 QCCQ 5850

Protection de la jeunesse — 212212 2021 QCCQ 5850 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 455-41-001362-219 DATE: February 25, 2021 ______________________________________________________________________ BY THE HONOURABLE PASCALE BERARDINO, J.C.Q. ______________________________________________________________________ IN THE SITUATION OF: X Born on [...], 2003 [SOCIAL WORKER 1] , person duly authorized by the Director of Youth Protection of CIUSSS A Applicant -and- A -and- B Youth’s parents ______________________________________________________________________ JUDGMENT [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.).

Introduction [ 1 ] The Director is requesting that Court declares the security and development of the youth X in danger on the grounds of serious risk of physical abuse, physical abuse and psychological ill-treatment. [ 2 ] As protective measures, the Director recommends that the Tribunal entrusts the youth in a rehabilitation centre, authorizes contact with his mother, after agreement between the parties, also authorizes contact with his father upon agreement between the parties and following two prior psychosocial meetings with the father.

The Director proposes to the Tribunal other measures and a social follow- up until his majority on [...], 2021; [ 3 ] At the hearing on February 25, 2021, the parents are absent and not represented. The mother was duly served. The address of the father is unknown. The Director ask for an exemption of serving. The Court agrees to the exemption. [ 4 ] The delegate also mentions having spoken with the mother who was in agreement with the current recommendations. [ 5 ] The youth’s lawyer, after hearing the evidence, agrees with the conclusions sought.

Situation of compromission and evolution of the situation [ 6 ] The present situation should have been a revision of a previous order rendered on July 21, 2020. Unfortunately, the Director let the order expire and needed to seize the Court of a declaration of compromission. [ 7 ] X is 17 ½ years old. He is currently in a rehabilitation centre following the order rendered on July 21, 2020. [ 8 ] The last Court order declared that the security and the development of the youth were still in danger on the grounds of serious risk of physical abuse, physical abuse and psychological ill-treatment.

[ 9 ] This order ended on January 21, 2021, and a safeguard order has been presented to the Court on January 29 th to maintain X in a rehabilitation centre until February 9 th . [ 10 ] X resided at A’S Center from June 18 th to October 1, 2020. [ 11 ] X worked on his autonomy and his ability to socialize and interact properly with his peers. [ 12 ] On August 4 th , X was allowed to go out of the resource alone and he came back smelling marijuana and in possession of a joint. [ 13 ] On September 30 th , the youth was implicated in a fight at [High School A].

He was then suspended for one month. [ 14 ] The following day, X was arrested by the police and mentioned having the wish to get a firearm and use it to protect himself. [ 15 ] X trivializes and minimizes the gravity of that event. He shows no regrets regarding the victim. [ 16 ] A decision has been taken to move X to Town A. The integration went well. [ 17 ] X did not maintain his schooling after he found a job in Town B.

The program refused to consider it as a traineeship. [ 18 ] X is still easily influenced and can greatly lack judgment and empathy. [ 19 ] In February 2021, the mother believed that the rehabilitation centre was the best option for X for now. [ 20 ] The father is not involved in the psychosocial follow-up. [ 21 ] On February 9, 2021, the Court ordered the provisional placement of the youth in a rehabilitation centre. [ 22 ] Since then, X has been participating in a program for youth to help them towards autonomy (PQJ). [ 23 ] He is to integrate an apartment, hopefully by May 2021. [ 24 ] The mother is in agreement with this project and hope that this integration will take place as soon as the situation allows.

FOR ALL THESE MOTIVES, THE COURT: GRANTS the present application; DECLARES that the security and the development of the youth X are in danger on the grounds of serious risk of physical abuse, physical abuse and psychological ill-treatment; ENTRUSTS the youth to a rehabilitation centre designated by the Director of Youth Protection; AUTHORIZES that the youth be entrusted to his mother during his integration in an apartment if the situation allows it; AUTHORIZES in the youth’s favour contact with his mother, upon agreement between the parties; AUTHORIZES in the youth’s favour contact with his father, upon agreement between the parties and following two prior psychosocial meetings with the father; WITHDRAWS from the parents the attributes of parental authority in regards of health care and health services, education, activities, travels, passport and driver’s licence; ENTRUSTS the attributes of parental authority withdrawn from the parents to the Director of Youth Protection; ORDERS that the youth and his parents participate actively to the measures ordered; ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply to themselves or their child to end the situation of endangerment; ORDERS that a person working for CIUSS A or any other establishment or body provides aid, counsel and assistance to the youth and his family until his majority on [...], 2021; ENTRUSTS the situation of the youth X to the Director of Youth Protection to see that the measures are carried out. __________________________________ PASCALE BERARDINO, J.C.Q.

M e Pascale Gauthier Counsel for the DYP

M e Ysabelle Proulx Counsel for the youth Date of hearing: February 25, 2021 Exhibits deposed: D-1 to D-2 Date of written judgment: May 5, 2021