2021 QCCQ 12988, 2021 QCCQ 12988

Protection de la jeunesse — 217214 2021 QCCQ 12988 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 755-41-003108-191 DATE: September 21, 2021 ______________________________________________________________________ BY THE HONOURABLE CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X, born [...], 2004 Adolescent -and- A Mother -and- B, deceased Father ______________________________________________________________________ JUDGMENT Section 95 (1) (2) of the Youth Protection Act ______________________________________________________________________ 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 Director of Youth Protection (the Director) petitions the Court with an Application for revision and extension of a Court Decision, according to section 95 (1) (2) of the Youth Protection Act , in the matter of the adolescent X. [ 2 ] The Director alleges that the situation of the adolescent necessitates the revision and the prolongation of the Court Order rendered on November 24, 2020, for the reasons outlined in paragraph 4 of the motion. [ 3 ] The Director recommends, as key measures, that the adolescent be entrusted to his mother and a follow up for a duration of nine months.

Situation and Analysis [ 4 ] The youth remained entrusted in a rehabilitation center since the last Court order. [ 5 ] Shortly after the last audition, the youth reacted in having difficulties to follow the program of the unit and presenting behavioral issues. [ 6 ] After some improvement, contacts in the mother’s milieu were increased. [ 7 ] Tensions between the adolescent and his siblings were still present, to a point where the youth destroyed items in the house after a quarrel with one of his siblings on April 30 2021. [ 8 ] Because of the fragility of the situation, the Court ordered provisional measures on May 20 2021, maintaining the youth in a rehabilitation center for a few months. [ 9 ] Following this period, certain changes were made, such as the youth accepting to receive help from a therapist and support from an educator. [ 10 ] Since then, the contacts in the mother’s milieu were increased, passing from four days and then five days home and the rest in the centre. [ 11 ] We now observe that the youth is able to use his means to control his emotional outbursts, even though the challenge that dealing with his siblings still represents.

[ 12 ] The court concludes that the conclusions proposed are realistic, in the youth’s best interest and in respect with his fundamental rights.

FOR THESE REASONS, THE COURT : [ 13 ] GRANTS the application; [ 14 ] DECLARES that the secur ity and development of the adolescent are still in danger; [ 15 ] REVISES and EXTENDS the judgment rendered on November 24, 2020; [ 16 ] ORDERS that the adolescent be entrusted to his mother; [ 17 ] ORDERS that the mother report s periodically to the Director of Youth Protection on the measures she applies in her own regard or her child’s regard to put an end at the situation in which the security or development of the adolescent is in danger; [ 18 ] ORDERS that the mother take s an active

part in the application of the measures ordered; [ 19 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and his family; [ 20 ] ORDERS that the adolescent and his family receive the services of an external educator as long as necessary; [ 21 ] ENTRUST the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment ; [ 22 ] THE WHOLE for a period of nine months. __________________________________ CHRISTEL D’AUTEUIL-JOBIN, J.C.Q. M e Pascale Boucher Attorney for the D.Y.P. M e Alexandre Niquette Attorney for the adolescent Date of hearing: May 20 and September 21, 2021