2017 QCCQ 17074, 2017 QCCQ 17074

Protection de la jeunesse — 177632 2017 QCCQ 17074 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41- 030054-159 DATE : August 31, 2017 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: BX , born on [...], 2000 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 95 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 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on August 31 st , 2017. [ 2 ] The Director of Youth Protection (the Director) seizes Court for an application for extension of a decision rendered by the undersigned on March 7 th , 2017.

The Director is asking that the youth continue to be entrusted to a rehabilitation centre until his age of majority, allowing for his integration home as of December 31 st , 2017, “if the situation allows”. [ 3 ] On behalf of the mother, her attorney makes a general admission of the facts alleged in support of the motion. The mother is in full agreement with the recommendations made by the Director. [ 4 ] The adolescent admits only certain facts alleged in support of the motion. Nonetheless, he is in agreement with the recommendations of the Director except concerning contacts with his mother.

The adolescent wishes for more flexibility around these contacts and suggests that contacts take place upon agreement between his mother and himself. CONTEXT [ 5 ] The adolescent has received counselling from a psychologist until mid-June 2017 when his psychologist retired. [ 6 ] Since early March 2017, the visits between the adolescent and his mother were gradually increased and overnights are authorized

since May. On many occasions, either the adolescent or his mother have requested from the staff of the rehabilitation centre that the adolescent stay longer in the mother’s care. On numerous occasions, it was explained to the adolescent and the mother that it is the worker, as per the decision rendered on March 7 th , 2017, who has authority to determine the modalities and duration of said contacts. [ 7 ] Both mother and the adolescent recognize that the youth does not always respect house rules during the visits.

At times, the mother had to contact the staff of the rehabilitation centre in order to get support so that the adolescent would respect her authority. [ 8 ] The youth has, at times, been physically aggressive towards his siblings. Physical altercations occurred with his older brother on occasions. [ 9 ] The youth was also suspended from Beurling Academy in April 2017, for the remainder of the school year, due to his violent behaviour.

He then attended Alternative School A and completed the school year, past all his classes although he was often late to school. [ 10 ] The adolescent has a girlfriend he would like his mother to meet. The mother does not approve of the relationship. The mother had made it clear that when she is away from home, she does not allow the adolescent to go at the family residence during her absence. The youth claims the rule was not so clear to him and therefore, he went to the family residence with his girlfriend in the absence of the mother.

To some extent, he must have known he was doing something not allowed because he made a “deal” with his older brother not to reveal the presence of the girlfriend at the family home. [ 11 ] The youth would like to return to Academy B. He finds that the worker is not supportive of his wish and would like a change a worker. [ 12 ] The youth would like to be the one to decide when he visits his mother within the limits imposed by the Director as to the number of overnights per week he would be allowed to spend at his mother’s place.

He does not wish for the worker to be part of the agreement necessary for the contacts to take place. [ 13 ] The evidence reveals that there are still ongoing issues during the visits at home. Mother and son continue to have conflicting issues that need to be addressed. Even if the worker expresses the hope that the youth return home by the end of December, the facts do not support that the adolescent and his mother will then be ready for the successful reintegration to take place. [ 14 ] The Director has established the need for continued placement of the adolescent.

Except for the extended period of integration requested by the Director, the measures recommended meet the needs of the adolescent and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 15 ] DECLARES that the security and the development of the adolescent are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 16 ] ORDERS that the adolescent remain entrusted to a rehabilitation centre until his age of majority; [ 17 ] ORDERS that the modalities and duration of contacts between the adolescent and the mother be determined by the Director of Youth Protection and SETS the minimum frequency at once (1) per week; [ 18 ] TAKES ACT that currently, the youth is allowed to spend three (3) overnights per week at home; [ 19 ] ORDERS the adolescent and the mother to collaborate with the Director of Youth Protection; [ 20 ] RECOMMENDS that the adolescent participate in services offered to him, namely in the Older Adolescents Program; [ 21 ] RECOMMENDS to the mother to take steps to address any issues she may have; [ 22 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his parents until the adolescent reaches his age of majority; [ 23 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 24 ] ORDERS the execution of the present judgment by any peace officer, if necessary. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Myriam De Blois Attorney for the Director of Youth Protection Me Berna Tabet Attorney for the adolescent Me Marc Morin Attorney for the mother Date of hearing : August 31 st , 2017