2018 QCCQ 15623, 2018 QCCQ 15623

Protection de la jeunesse — 186659 2018 QCCQ 15623 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-005508-174 DATE: July 31, 2018 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2003 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 ] On December 8, 2018, the Court orders protective measures for six months in regards to the adolescent X, stemming from his serious behavioural difficulties.

As well as his placement in a rehabilitation center, the Court applies various other measures of aid and support. [ 2 ] The Director asks for the revision and extension of this last order, alleging that although the adolescent still requires rehabilitation, his reintegration in his maternal environment is a viable objective for the end of the year. [ 3 ] Both the adolescent and his mother subscribe to the conclusions.

The Court dispenses service to the father as he is of unknown address and not implicated in the follow-up. [ 4 ] Analysis and decision [ 5 ] Since the last order, X remains in a rehabilitation center. [ 6 ] X seeks no contacts with his father, who remains largely uninvolved in his life. [ 7 ] There are regular visits with his mother for a few months following the last order. During this period, there is an overall improvement of X’s behaviours, although difficulties remain in relation to his ability to deal with emotionally charged situations.

The mother admits to still having trouble dealing with her son’s opposition and verbal violence, but names that such is less recurrent. [ 8 ] On March 5 th , while on a visit at his mother’s, X is arrested after robbing a corner store cashier at gunpoint (bb gun). Since then he remains detained, eventually purging a nine month sentence of closed custody and supervision. He will complete the custodial portion of his sentence on September 12, 2018. [ 9 ] Since his detention, few physical contacts occur with his mother, although they speak regularly by phone.

His behaviours degenerate and he resorts more regularly to physical and verbal violence, usually when confronted by structure and rules. [ 10 ] X testifies as to his wish to return home after the end of his detention, submitting that he is now able to demonstrate sufficient self-control and anger management. [ 11 ] Since the last order, X’s evolution is uneven and overall, it is not possible to determine significant rehabilitation. On a more positive note, X is aware of his challenges and the need to work on his anger management.

He has also shows an ability to deal positively with his emotions as well as accept routine and structure on the short term.

[ 12 ] The Court endorses the conclusions sought by the Director of Youth Protection, which permits that the parties work towards X’s progressive reintegration home after his detention period. [ 13 ] During this time, X and his mother will have to invest themselves in the follow-up and demonstrate that they can maintain a healthy family dynamic.

X has shown the ability to positively evolve as to his problematic behaviours, but he will have to show his capacity to maintain pro-social behaviours on a durable basis. [ 14 ] FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the adolescent are still in danger; [ 17 ] REVISES and EXTENDS the Court order rendered on December 8, 2017; [ 18 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation center chosen by the Director of Youth Protection A until December 21, 2018; [ 19 ] TAKES ACT that there will be a progressive integration of the adolescent in his maternal environment as of September 12, 2018; [ 20 ] ORDERS that the adolescent be entrusted to his mother as of December 21, 2018; [ 21 ] ORDERS that the contacts between the adolescent and his father be following agreement between the parties and in the presence of a third person chosen by the Director; [ 22 ] AUTHORIZES the lifting of the supervision of the contacts between the adolescent and his father following agreement between the parties; [ 23 ] ORDERS that the parents take an active

part in the application of the measures; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 25 ] ALL THESE MEASURES , save the placement in a rehabilitation center, until June 30, 2019; [ 26 ] 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 Johanne Leduc Attorney for the mother Me Michel Robert Attorney for the adolescent Date of hearing: July 31, 2018