2016 QCCQ 18016, 2016 QCCQ 18016

Protection de la jeunesse — 168859 2016 QCCQ 18016 JA0940 QUEBEC COURT Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41- 031503-162 DATE : December 19, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on […], 2001 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother B , father Respondents ______________________________________________________________________ JUDGMENT (Section 38 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 con-firms in writing the decision rendered orally at the hearing held on December 19 th , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of the situation of the adolescent alleging that his security and development are compromised due to his behavioural disturbances.

The Director is asking that the youth be entrusted to the care of his mother and that aid, counsel and assistance be provided for a period of one year. [ 3 ] The mother admits that her son exhibits behavioural disturbances and she agrees with the recommendations presented by the Director. [ 4 ] The father recognizes that his son exhibits behavioural disturbances.

If the adolescent is to remain with his mother, the father suggests that more structure be provided and that the intervention of the Director should be for a period of two years. [ 5 ] Counsel for the adolescent agrees with the conclusions sought by the Director. CONTEXT [ 6 ] The adolescent recognizes that on occasions, he has not returned home at night and slept at a friend’s house without notifying his

mother. He recognizes also being absent from the school. He has posted pictures of himself with a gun on Facebook. [ 7 ] The parents describe more behavioural disturbances than what the adolescent is ready to admit. They refer to his association with negative peers, who may be involved with gangs and drugs.

Both parents worry about their son, his time in the community as well as his whereabouts. [ 8 ] Even if the mother reports not having any issues with the adolescent at home, she continues to be worried about his involvements in the community. [ 9 ] The youth is currently facing charges of theft and threats under the Youth Criminal Justice Act (YCJA). [ 10 ] The measures recommended by the Director will help both parents to join their efforts in order to provide the appropriate structure and supervision for the adolescent.

The adolescent will have to show motivation to correct his situation, respect his parents’ authority, attend school and collaborate with the Director. Should he fail to do so, the Director may have to consider other recommendations and possibly placement in a rehabilitation centre. [ 11 ] For the time being, the recommendations of the Director meet the needs of the adolescent and seem to be in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 12 ] DECLARES that the security and the development of the adolescent are compromised due to his behavioural disturbances; 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: [ 13 ] ENTRUSTS the adolescent to the mother; [ 14 ] ORDERS that the adolescent attend school without fail unless excused by a medical note; [ 15 ] The contacts between the adolescent and his father will take place as agreed by the parties.

If there is no agreement, ORDERS that the modalities and duration of contacts be determined by the Director.

The Court sets the minimal frequency of contacts at once (1) per week; [ 16 ] ORDERS the parents and the adolescent to collaborate with the Director of Youth Protection; [ 17 ] ORDERS that aid, counsel and assistance be provided to the adolescent and the family; [ 18 ] THE WHOLE , for a period of one (1) year; [ 19 ] 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. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Edith Zavodni Attorney for the Director of Youth Protection Me Michelle Robidoux Attorney for the adolescent Me Marc Morin Attorney for the mother Date of hearing : December 19 th , 2016