2020 QCCQ 3812, 2020 QCCQ 3812

Protection de la jeunesse — 204166 2020 QCCQ 3812 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005508-174 DATE: July 31, 2020 ______________________________________________________________________ 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 ] The adolescent X has been under protective measures since May 2017 in relation to his serious behavioural difficulties.

He lives under the care of his mother and has little contacts with his father. [ 2 ] Although numerous services are put in place, his functioning degenerates to the point where it becomes necessary to proceed to his placement in a rehabilitation centre as of November 2017.

Since that time, he reintegrates his home for but a few months before his behaviours again justify his return to the rehabilitation centre. [ 3 ] He remains in this environment until to December 2019, when he again returns to live with his mother, the whole in respect of the last judgment. [ 4 ] Alleging that the adolescent’s behaviours continue to overwhelm his functioning and family dynamic, the Director applies for the extension of the Court order until his majority. [ 5 ] The adolescent as well as his mother recognize that the situation continues to justify the measures in place and subscribe to the Director’s proposed orientation.

The Court proceeds in the father’s absence as he was notified of the proceedings and chooses to not participate in the hearing. [ 6 ] Analysis and decision [ 7 ] The adolescent’s situation remains fragile. [ 8 ] Since his return home in December 2019, X makes little progress as to his autonomy. He abandons school and mostly refuses services. He stays home most of the time although he is aware that he needs to work towards ensuring his autonomy in view of his upcoming majority. [ 9 ] The family dynamic is still fraught with tensions.

X’s emotional outbursts and opposition continue to overwhelm his relationship with his mother. Repeatedly, the police intervene in relation to conflicts in the home. [ 10 ] His mother admits to not being able to adequately deal with her son’s behaviours. Through her attorney, she denounces being helpless to change the situation as her son refuses to participate in meaningful services. She resolves herself to offer him a home until he reaches his adulthood, when she clearly states that he must leave. X understands this.

[ 11 ] Both the adolescent and his mother have the resources and received the tools to deal with the issues creating the dysfunction in their family dynamic, but X’s choices and perceptions are impeding this process and leaving him to deal with his impending adulthood mostly on his own. [ 12 ] In a structured setting, X shows an ability to function adequately, so he has a clear potential to succeed. The next months are crucial in preparing him for adulthood and the Court notes that both the Director and his mother are available to accompany him.

Remains to see if he can, in fact, accept this support. [ 13 ] In view of the evidence and the consent of the parties at the hearing, the Court endorses the conclusions of the application.

FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the application for extension of a Court decision; [ 15 ] DECLARES the security and the development of the adolescent still in danger; [ 16 ] EXTENDS the Court order rendered on October 2, 2019; [ 17 ] MAINTAINS the adolescent to his mother; [ 18 ] 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; [ 19 ] ORDERS that the adolescent and his parents take an active

part in application of the measures ordered; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 21 ] ALL THESE MEASURES until the adolescent’s majority on [...], 2021; [ 22 ] 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 Marie-Christine Tropper Attorney for the Applicant Me Johanne Leduc Attorney for the mother Me Samantha Roy Attorney for the adolescent Date of hearing: July 31, 2020 Date of signature: August 14, 2020