2021 QCCQ 10893, 2021 QCCQ 10893

Protection de la jeunesse — 216094 2021 QCCQ 10893 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-035951-193 DATE: October 6, 2021 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2005 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 6, 2021. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend and revise the order rendered on June 5, 2020. [ 3 ] On September 2, 2021, the hearing was postponed as the adolescent did not want to come to Court. [ 4 ] Today, the Director recommends that the adolescent remain entrusted to his mother and that support measures be ordered for one year. [ 5 ] The father agrees with the Director’s plan. [ 6 ] The mother and the adolescent are asking that the file be closed.

Subsidiary, the adolescent is asking for a shorter order. Questions in litigation [ 7 ] Is the adolescent’s security or development still endangered? [ 8 ] If so, are the proposed measures in the adolescent’s best interest and are they respecting his rights? [ 9 ] What should be the Court order’s duration?

Context and Analysis [ 10 ] While he was placed in a rehabilitation centre, apart from one incident of physical aggression towards a peer in October 2020, the adolescent’s behaviours remained relatively stable. [ 11 ] At times, during the adolescent visits home, the mother was struggling to implement coherent and consistent structure.

[ 12 ] On December 2020, the adolescent’s placement was extended on a provisional basis. On or around January 3, 2021, the adolescent was reintegrated to his mother’s care. [ 13 ] Following his return home, the adolescent had difficulty respecting his mother’s rules and curfew. He also had difficulty respecting the government directives regarding COVID-19. The adolescent and the mother need to continue working on their relationship and communication. At this point, the adolescent is not certain if he wants to take

part in a therapeutic process to work on these aspects. [ 14 ] On June 8, 2021, the police found a knife and a small quantity of marijuana in the adolescent’s possession. Consequently, he got suspended from school. [ 15 ] On July 2, 2021, the adolescent was found guilty of his charges of sexual assault. These events occurred in 2018.

He was sentenced to a 24 months’ probation period. [ 16 ] The family has received support from a Homeward Bound educator. [ 17 ] The adolescent has been able to better manage his emotions and impulsiveness. [ 18 ] The relationship between the adolescent and his mother’s boyfriend remains conflictual. [ 19 ] The adolescent maintained positive contacts with his father and their relationship has continued to improve. [ 20 ] Some concerns remain: • the adolescent has been absent from school without justification; • last week, he did not attend his meeting with his probation officer; • he is not always respecting his mother’s rules; • he is not always keeping his mother aware of his whereabouts. [ 21 ] Considering the evolution of the situation, the Director’s intervention remains necessary.

Contrary to the Director’s recommendations, the Tribunal is of the opinion that a shorter Court order is warranted.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 22 ] GRANTS the application for revision and extension; [ 23 ] DECLARES that the security or the development of the adolescent is still endangered; [ 24 ] REVISES and EXTENDS the order rendered on June 5, 2020; [ 25 ] ORDERS that the adolescent remain entrusted to the care of his mother; [ 26 ] ORDERS that the adolescent follow the established household rules, including curfew and keeping his mother aware of his whereabouts; [ 27 ] RECOMMENDS that the mother participate in a parenting class; [ 28 ] RECOMMENDS that the family complete the Family Ties Program once available; [ 29 ] RECOMMENDS that the family participates in the Challenges Program; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family, including the services of a homeward bound educator for as long as deemed necessary; [ 31 ] THE WHOLE until June 30, 2022; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on October 12, 2021 /cd Mtre Ivan Lazarov Counsel for the Director of Youth Protection Mtre Younes Ameur Counsel for the adolescent Date of hearing: October 6, 2021