2018 QCCQ 8826, 2018 QCCQ 8826

Protection de la jeunesse — 18643 2018 QCCQ 8826 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” N° : 525-41-032100-174 DATE : February 6, 2018 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2002 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 February 6, 2018. [ 2 ] The Director of Youth Protection (the Director) alleges that an extension of the court order rendered on March 1, 2017 is necessary. [ 3 ] Today, the Director recommends that support measures be ordered for a period of six months. [ 4 ] Both parents and the adolescent are in agreement with the proposed plan. Question in litigation [ 5 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights?

Context and Analysis [ 6 ] The adolescent has resided in the A group home. While there, he took his prescribed medication on a regular basis. He functioned well in the group home and in his school setting. [ 7 ] In April 2017, the adolescent’s reintegration process began. He reintegrated fully to his mother’s care on June 22, 2017. The family collaborated with the youth protection and with the educator from the A Program. [ 8 ] Following the adolescent’s return, the mother has continued to struggle with providing a coherent and predictable routine for the adolescent.

He experienced difficulties respecting basic expectations. He spent most of his summer time playing video games or watching television. [ 9 ] Since his return to his mother’s home, the adolescent has been wetting his bed on a sporadic basis. He also stopped taking his medication. The mother experienced difficulties mobilizing herself to ensure that the adolescent be seen by a pediatrician and a psychologist. [ 10 ] Since the beginning of the 2017-18 school year, he has frequently been absent from school. [ 11 ] The father maintained regular contacts with the adolescent.

He also reports having, for a short period, difficulty providing

structure to the adolescent. [ 12 ] The Director’s intervention remains necessary to support the family. The parents need to ensure, on a regular and constant basis, that the child receives the required structure in the home and that he attends school. His medical needs should also be addressed and remain a priority for the parents. THEREFORE AND FOR THESE REASONS, THE COURT: [ 13 ] GRANTS the application for extension; [ 14 ] DECLARES that the security or the development of the adolescent is still in danger; [ 15 ] ORDERS that the adolescent remain entrusted to his mother’s care; [ 16 ] ORDERS the adolescent to attend school on a regular basis, according to the

schedule outlined by the school; [ 17 ] RECOMMENDS that the family continue to participate with the A Program and to follow the program recommendations, including the use of respite for up to five days, if needed and if agreed by all parties; [ 18 ] RECOMMENDS that the adolescent and his parents continue to follow up with the recommendations put in place by the adolescent’s health care professionals; [ 19 ] RECOMMENDS that the adolescent take his prescribed medication; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 21 ] THE WHOLE for a period of six months; [ 22 ] 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.

Signed on February 20, 2018 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Vincent Petit Counsel for the adolescent Mtre Christophe Lafontant Counsel for the mother Mtre Karine Dallaire Counsel for the father Date of hearing: February 6, 2018