2014 QCCQ 14426, 2014 QCCQ 14426

Protection de la jeunesse — 144560 2014 QCCQ 14426 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000481-119 DATE: September 9, 2014 ______________________________________________________________________ BY THE HONOURABLE JOSÉE BÉLANGER J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X , born on,[…], 2001 [SOCIAL WORKER 1] , Youth Protection worker, duly authorized by the Director of Youth Protection working at the Centre Jeunesse A, having a place of business at […], district A (Quebec) […] Applicant and A , residing and domiciled at […] in Town A, district A (Quebec) […] Mother and B , residing and domiciled at […] in Town A, district A (Quebec) […] Father ______________________________________________________________________ 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 applicant asks the Court to review and extend the orders rendered on July 10, 2013, by Judge Nancy McKenna. On that date Judge McKenna ordered the implementation of a draft agreement signed by all parties.

The adolescent was entrusted to his parents and other measures were ordered for a period of 12 months. [ 2 ] If the Court concludes that the youth's security or development is still compromised pursuant to the law, the applicant recommends that the youth remains with his parents subject to other measures for a period of 12 months. [ 3 ] The mother is present and not represented by a lawyer. She does not wish to be represented even if the Court told her that she has rights in this regard. [ 4 ] The father is absent. On June 19, he was served upon whit a copy of the procedures.

According to the information gathered by the Court his father is sick. He lives with the mother and told her that he agrees with the measures recommended by the Director of Youth Protection. [ 5 ] According to the evidence the Court decides that this hearing will proceed in the father's absence. [ 6 ] The lawyer who represents the youth admits that his safety is still compromised pursuant to the law and that she agrees with the measures recommended by the applicant. [ 7 ] The Court considers the following facts proven by preponderant evidence.

The Facts [ 8 ] During the last months the youth had behavioural disturbances. [ 9 ] On October 24, 2013, the youth pretended to kill two workers who came in school to talk about drugs and alcohol. Then he pretended to kill his teacher and himself. He was brought to the principal's office and admitted the incident but did not offer any explanation as to why he pretended to shoot himself or others. The youth was suspended from school and his parents were informed. [ 10 ] On March 13, 2014, as the youth was walking home he threatened older students with a knife he took from his coat pocket.

They were able to wrestle it away from him and reported the incident. The school's principal met with the youth who admitted to having a knife but lied about which knife it was. The youth admitted that the older students were not bothering or threatening him. The parents were informed that although the incident happened after school the youth would be suspended for admitting to having the knife on him at school all day. [ 11 ] On April 3, 2014, a parent reported to the school's principal that the youth had stolen two pairs of expensive sneakers from her

son. The principal investigated and found out that the youth showed the shoes to two other students and told them that he had stolen those shoes. Finally the youth admitted the theft to the principal and brought back the shoes. After that he acted happy as if nothing had happened. [ 12 ] On April 24, 2014, a parent of a student from the [school A] reported to the school's principal that the youth had attacked their son with a knife the previous afternoon after school. The youth had stolen the child's backpack and when the child gave chase he pulled out a knife and tried to stab him.

The police took pictures of the bruises and scrapes inflected to the child. The youth admitted he had a knife at school all day with him. [ 13 ] He was suspended until the Director of Youth Protection can arrange for him a psychological evaluation. In the meanwhile the youth was attending schooling only after students left for the day in order to assure everyone's safety. [ 14 ] According to the applicant the youth has always been a very timid and easy child to work with. He was almost never into trouble at home and at school. [ 15 ] The youth is a very smart boy. He seems to be very close to his parents.

His father's opinion means a lot to him. [ 16 ] Socially he never did have a lot of friends. He likes being involved with the school's social committee and that helped him. The school behavioural technician would work with him on creating a social group and trying to integrate the youth in that group. [ 17 ] At school the youth was doing really good before the first incident happened. His marks were average and been higher in mathematics than the average of his classmates. Now the school is very concerned about the youth and his state of mind.

However the youth does not realize his behaviour has being dangerous and problematic and often laughs about the bad decision he makes. [ 18 ] The youth is close to his mother. He likes to be with his father and having him around. [ 19 ] The parents live together. The mother is unemployed and seeks a job. She stays at home, cleans and takes care of her children. [ 20 ] The father has really done well in the past year. He now has a full-time job working for the town A at the graveyard. He is a big part of the children's lives who love to follow their father and share activities with him.

He is a model to them. [ 21 ] The father admits that disciplining the children is a very hard thing to do. The Director of Youth Protection will assist the parents in that process. [ 22 ] The father is not very engaged in the youth's schooling and does not come to the school's meetings. [ 23 ] The parents agree with Centre Jeunesse to keep the file open for the youth in order to stop his violent behaviours at school. Decision [ 24 ] A lot of different violent situations occurred in the last months. Before the first incident the youth was going very well at home and school.

Everyone is very concerned about the youth and his state of mind. [ 25 ] The parents want to collaborate with the Director of Youth Protection in order to put in place for their son the best services for his return back to school next year. [ 26 ] The Court concludes that the security or development of the youth is still compromised pursuant to the law. [ 27 ] The Court concludes also that the measures recommended by the Director of Youth Protection are reasonable, appropriate and in the youth's best interest.

For these reasons the Court: [ 28 ] Grants the motion; [ 29 ] Maintains that the security or development of X, born on […], 2001 is still compromised pursuant to the law; [ 30 ] Orders the following measures for a period of 12 months; [ 31 ] Orders that the youth remains with his parents; [ 32 ] Orders to the parents to report periodically to the Director of Youth Protection on the measures they apply to correct the situation; [ 33 ] Orders that a person working for an institution or body provides aid, counselling and assistance to the youth and the family; [ 34 ] Orders that the youth receive all specific health cares and services needed by his condition and orders that he receive a psychological assessment as soon as possible; [ 35 ] Orders that the youth attends school or a learning place; [ 36 ] Orders any police body to collaborate for the purpose of executing this enactment; [ 37 ] Entrusts the situation of the youth to the Director of Youth Protection who shall then see that the measures are carried out.

__________________________________ Josée Bélanger, J.C.Q. Me Julie Lemire, attorney for the Director of Youth Protection Me Peggy Warolin, attorney for the youth Date of hearing: July 11, 2014