2021 QCCQ 15733, 2021 QCCQ 15733

Protection de la jeunesse — 219281 2021 QCCQ 15733 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN […] Youth Division No: 760-41-006522-216 DATE: November 2, 2021 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: […], 2003 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- 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 ] In relation to the adolescent’s family environment’s inability to adequately address his behavioural issues, various measures of protection are put in place since January 2021. Since that time, he resides in a reception center. [ 2 ] The last judgment pronounced on May 19, 2021 provides the extension of the measures until the adolescent’s majority while providing his return to his family environment as of August.

A provisional judgment suspends this reintegration. [ 3 ] The Director seeks the revision of the measures in view of maintaining the adolescent in a reception center. While his parents consent to this orientation, the adolescent wishes to return home. [ 4 ] The question submitted to the Court is the following: Is it necessary to pursue the adolescent’s placement until his majority? [ 5 ] After considering the evidence, the Court determines that such is the case. The following elements justify this decision.

Analysis and decision [ 6 ] The adolescent’s situation remains challenging despite the services and structure put in place. His cognitive limitations and mental challenges continue to influence his choices and judgement.

Although he is better able to cope with his emotions, violent outbursts are still present. [ 7 ] An autism spectrum disorder is recently diagnosed, resulting in the need to adapt the interventions. [ 8 ] Although the adolescent is at the cusp of adulthood, he is not projecting himself towards autonomy and considers he isn’t ready for independent living. [ 9 ] The parents remain invested but recognize not being able to respond to their son’s behavioural complexities.

Since June 2021, the parents suspend weekend visits and now see their son for short activities, in relation to incidents of sexual delinquency (sexual exchanges with a minor). [ 10 ] X struggles to understand why he remains in a reception center setting. He considers he has remained long enough and doesn’t wish to invest himself any longer. This being the case, he is aware of his parents positions and has little other options to suggest. [ 11 ] The adolescent still requires an environment which can deal with his fragilities and provide him ongoing support and stability.

Such is rendered all the more pertinent in reason of his impending adulthood. [ 12 ] As such, the Court determines that the conclusions are an accurate reflection of his best interest as well as the objectives of the

law.

FOR ALL THESE REASONS, THE COURT: [ 13 ] GRANTS the application; [ 14 ] DECLARES that the security and the development of the adolescent are still are danger; [ 15 ] REVISES the Court order rendered on May 19, 2021; [ 16 ] ENTRUSTS the adolescent to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 17 ] ORDERS that the contacts between the adolescent and his parents be following agreement between the parties; [ 18 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the adolescent 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 provide aid, counselling or assistance to the adolescent and his family; [ 21 ] ALL THESE MEASURES until the adolescent’s majority on […], 2021; [ 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 Karine P. Poissant Attorney for the adolescent Date of hearing: November 2, 2021 Date of signature: December 13, 2021