2019 QCCQ 16094, 2019 QCCQ 16094

Protection de la jeunesse — 196407 2019 QCCQ 16094 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-005757-185 DATE: July 18, 2019 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 2001 Child ______________________________________________________________________ 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 Director of Youth Protection intervenes in the situation of the adolescent X for numerous years in reason of his serious behavioural difficulties.

As of August 2016, he resides in a rehabilitation center. [ 2 ] In virtue of the last judgment dating September 19, 2018, the Court extends the protective measures in place for one year while pursuing his placement for a further six months. [ 3 ] Alleging that the adolescent continues to exhibit behavioural issues requiring his rehabilitation, the Director seeks to prolong the protective measures until his majority. Both the adolescent and his parents subscribe to this orientation. [ 4 ] Analysis and decision [ 5 ] Since the last order, X remains in a rehabilitation center setting.

He shows little investment in the services in place and continues to exhibit significant behavioural issues, including verbal and physical violence, opposition and a generalized lack of motivation. [ 6 ] He requires constant supervision in order to respect his daily routine. He struggles in school and on the work force, not being able to focus his efforts in a durable manner. Introverted and sensitive, he has difficulties sharing his feelings.

He sometimes demonstrates self-harm behaviours. [ 7 ] The relationship with his parents remains tense and contacts inconsistent. [ 8 ] The parents collaboration is mitigated and they state their disappointment as to the little improvement of their son’s situation. [ 9 ] The parents admit to having personal issues which require attention and which can impede their ability to work towards the resolution of the situation of endangerment.

They tend to divert responsibility of their son’s situation. [ 10 ] Recently, X and his parents show a renewed desire to addressing their respective issues in view of promoting his return home. Contacts are more frequent and there is a more consistent cooperation. [ 11 ] X is at the cusp of his adulthood and needs to become invested in a life plan. Although some encouraging improvements are observed, both X and his parents must actively work towards stabilizing his situation and helping him become more independent.

This will require a consistent and focused team effort. [ 12 ] In view of the evidence and the joint position of the parties, the Court determines that the orientation sought corresponds to X’s best interests as well as respecting the objectives of the law.

FOR ALL THESE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES the security and development of the adolescent still in danger; [ 15 ] EXTENDS the Court order rendered on September 19, 2018; [ 16 ] ENTRUSTS the adolescent to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 17 ] PERMITS his gradual reintegration in his family environment; [ 18 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their son’s regard to put an end to the situation in which his security or development is in danger; [ 19 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered; [ 20 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the adolescent and his family; [ 21 ] ALL THESE MEASURES until the adolescent’s majority on […], 2019; [ 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 Audrey-Anne Monière Attorney for the Applicant Me Stéphanie Castagnier Attorney for the adolescent Date of hearing: July 18, 2019