2019 QCCQ 15404, 2019 QCCQ 15404

Protection de la jeunesse — 1911476 2019 QCCQ 15404 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-005508-174 DATE: October 2, 2019 ______________________________________________________________________ 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 July 31, 2018, the Court prolongs until June 30, 2019, various protective measures in place in relation to his serious behavioural difficulties, while pursuing his placement in a rehabilitation center until the end of the year. [ 2 ] Alleging that the adolescent’s behaviours continue to overwhelm his functioning and family dynamic, the Director applies for the revision and extension of the Court order, namely his placement in a rehabilitation center until December 20, 2019 with a renewal of the other measures in place for nine months. [ 3 ] The adolescent as well as his mother subscribe to the Director’s evaluation and proposed orientation.

The Court dispenses service to the father, who remains uninvolved in his son’s life. [ 4 ] Analysis and decision [ 5 ] X remains in a rehabilitation center until December 2018, when he reintegrates his mother’s home. [ 6 ] The adolescent’s situation remains fragile. In January 2019, he is incarcerated for a month in relation to threats. He is finally released and receives a sentence of probation. [ 7 ] As of April, there is a steady resurgence of the adolescent’s behavioural difficulties as he becomes increasingly violent and oppositional. He rejects the structure and rules in place.

He considers that he does not need any help, refusing services from the Director meant to support the family dynamic. [ 8 ] The mother denounces this situation and the challenges associated with her son’s issues. In May, police intervene as a result of X’s violent behaviours. [ 9 ] His mother eventually recognizes not being able to adequately deal with her son’s behaviours, accepting that he returns to a more structured and neutral environment. [ 10 ] On June 20, 2019, the Court revises the measures on a provisional basis and entrusts the adolescent anew to a rehabilitation center.

He adapts positively to this setting, although there are repeated incidents of aggression and altercations. He continues to demonstrate a low threshold of frustration. [ 11 ] The family dynamic remains fraught with tensions and the objective remains to make durable changes which will permit X to return home and function adequately. To do so, he will have to implicate himself more fully in the services and recognize the necessity to respect structures in place.

[ 12 ] Since the last order, X has not seen his father, refusing to do so. Concurrently, his father is neither available nor implicated in his son’s situation. Consequently, there is little expectation that contacts resume during the period of application of protective measures. Furthermore, the Court determines that there is no foundation to authorize an eventual lifting of the supervision of their contacts. [ 13 ] The Court endorses the other conclusions, which are the reflection of the adolescent’s best interests while respecting the objectives of the law.

FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS partially the application; [ 15 ] DECLARES the security and the development of the adolescent still in danger; [ 16 ] REVISES and EXTENDS the court order rendered on July 31, 2018; [ 17 ] ENTRUSTS the adolescent to an institution operating a rehabilitation center chosen by the Director of Youth Protection A until December 20, 2019; [ 18 ] ENTRUSTS the adolescent to his mother as of December 20, 2019; [ 19 ] ORDERS that the contacts between the adolescent and his father be following agreement between the parties, in the presence of a third party chosen by the Director and in consideration the adolescent’s wishes; [ 20 ] ORDERS that the contacts between the adolescent and his mother be following an agreement between the parties; [ 21 ] ORDERS that the adolescent and his parents take an active

part in application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 23 ] ALL THESE MEASURES for 9 months; [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection of Montérégie 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: October 2, 2019 Date of signature: November 14, 2019