2019 QCCQ 16812, 2019 QCCQ 16812

Protection de la jeunesse — 195424 2019 QCCQ 16812 JO0374 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] Youth Division No: 525-41-034906-198 DATE : March 8, 2019 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE KAREN OHAYON, J.C.Q. ______________________________________________________________________ IN THE CASE OF: X Born […], 20015 Director of Youth Protection A Applicant A Father B Mother ______________________________________________________________________ JUDGMENT (Section 38, Y.P.A.) ______________________________________________________________________ WARNING: Within the framework of the Youth Protection Act, no person may publish or broadcast information allowing 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 (Y.P.A. sections 11.2.2 and 135). [ 1 ] The Director of Youth Protection (the Director) is asking the Court to declare that the security or the development of X MAC KILLOP is endangered, as a result of serious behavioural disturbances as well as a serious risk of negligence. [ 2 ] The Director alleges that the adolescent is in the process of developing a delinquent lifestyle. The mother is unable to effectively impose her parental authority and has consequently failed to curtail his problematic behaviour.

Furthermore, her history of serious consumption issues remains a cause for concern. [ 3 ] Consequently, the Director is asking the court to order a rehabilitation placement for seven months along with a social follow- up and other corrective measures for one year. [ 4 ] The father is absent for medical reasons but submits a letter acknowledging that his son requires services. [ 5 ] The mother admits the majority of the allegations and consents to the nature of the recommendations.

However, she asks that the duration of the placement order be reduced in order to ensure that her son is back home by the end of the summer. [ 6 ] The adolescent consents to the measures as proposed but asks the court to order that progressive reintegration begin two months prior to the expiration of the placement order. The state of endangerment [ 7 ] The Director received four reports concerning the adolescent’s situation between the months of July and December 2018 regarding conflict in the home, drug consumption issues and the adolescent’s delinquent behaviour.

The ensuing investigation revealed the following. [ 8 ] The parents separated shortly after the adolescent’s birth. The mother maintained custody and the father’s access rights have been established amicably ever since. The adolescent has a maternal half-brother whose father is not involved. The mother’s current partner lives with the family and the couple is currently awaiting the birth of their child. [ 9 ] The mother has a history of abusing cocaine and alcohol. She claims to have ceased consuming cocaine six years ago and

alcohol a year ago although certain reports tend to contradict her affirmation. In particular, her son has reported that she continued using cocaine until her current pregnancy. [ 10 ] The adolescent’s own problematic behaviour is acknowledged by the parties although he tends to minimize the extent of his issues. [ 11 ] According to the evidence, the adolescent is regularly in conflict with both his mother and her partner. Essentially, he fails to respect his mother’s authority thereby provoking frequent disputes.

The mother is unable to monitor his whereabouts and has reported him missing on more than one occasion. School attendance is also becoming an issue. [ 12 ] In order to alleviate the situation, the adolescent was sent to live with his father for a time. The father, however, was unsuccessful in his efforts to bring about changes and the adolescent returned to his mother. [ 13 ] Relations remained difficult in the family home and on one particular occasion, an argument between the adolescent and his mother turned into a violent confrontation requiring police intervention.

According to the police report, the adolescent punched and scratched her during the course of their argument [1] . [ 14 ] During that same intervention, the adolescent explained to the police officers that the mother’s consumption of cocaine was the cause of their dispute as well as the altercation that followed. He added that when she takes drugs, she behaves erratically. [ 15 ] Regarding the adolescent’s personal situation, the evidence reveals that he is demonstrating problematic behaviours within the community as well. At school, he is often late and at times, appears to be under the influence of marihuana.

He tends to gravitate towards delinquent youth and is in the process of developing a marginal lifestyle. Various reported incidents refer to the use or possession of weapons ranging from a knife to pellet guns. [ 16 ] He is currently facing charges for robbery and is subject to strict conditions of release. As a result of this incident, he has been in provisional rehabilitation centre placement since January 16, 2019. [ 17 ] The evidence demonstrates that the adolescent’s behavioural difficulties are of a serious nature and interfere with his proper development.

His choice of lifestyle as well as his refusal to adhere to structure and routine places his future at risk. The Director’s intervention is clearly required. [ 18 ] The mother’s inability to ensure the respect of her parental authority, coupled with the inherent risks that accompany a history of consumption issues, also lead to the conclusion that a serious risk of negligence exists. The development of her parental capacities is essential in helping her manage the issues of a troubled teenager.

Monitoring her current abstinence through a social follow-up is a legitimate objective given the questions that remain regarding her ability to maintain long term sobriety. [ 19 ] Considering the admissions of the parties and the information contained in the reports filed into evidence, the Court concludes that the security and development of the adolescent are endangered for the reasons alleged by the Director. The Measures [ 20 ] The parties agree to the measures proposed.

The only issue is the duration of the rehabilitation centre placement as well as the period of progressive reintegration. [ 21 ] The adolescent is currently placed at the […] campus A. Since the beginning, he has had trouble adjusting to the structured environment of a rehabilitation centre. He is described as tumultuous, disrespectful and rude. It is only over the past ten days that he has settled down and made an effort to follow the program. [ 22 ] According to the social worker, the youth struggles with accountability, tending to downplay or deny his responsibility regarding his overall issues.

As such, he lacks introspection and already believes that he will be able to exercise control and discipline upon returning home. [ 23 ] Currently, the adolescent is attending school and has access to psychological services. He appears to be making efforts towards his rehabilitation although the recent nature of his progress indicates that it remains fragile at this time. [ 24 ] A request for a homeward bound worker has been initiated but no start date is confirmed.

The purpose is to assist the mother with the eventual reintegration of her son. [ 25 ] On the subject of reintegration, the Director intends to begin the process in the sixty days prior to the expiration of the placement order, conditional to a positive evolution of the situation.

Both the mother and the adolescent are concerned regarding the uncertainty of this position and insist on a guarantee that the adolescent will be home, or at the very least in such a process, by the start of the next school year. [ 26 ] The Court is in fact preoccupied by the Director’s intent regarding the manner in which progressive reintegration will occur. The adolescent is currently residing and attending school in Town A whereas his home is in Town B.

Considering the need to ensure the adolescent’s continued schooling during the reintegration process, the distance between the centre and his home is a potential obstacle. [ 27 ] According to the Director, the manner in which reintegration is accomplished will depend on the evolution of the situation. Despite the foreseeable logistical issues however, the Director offers no concrete solutions or proposals.

[ 28 ] The Court considers that the adolescent is entitled to know where he stands by the start of the next school year. The next few months should determine with a reasonable degree of certainty whether reintegration is a viable objective within the determined time frame. As such, an order requiring progressive reintegration to begin five months from now (a few weeks before school starts) is coherent with the current plan. [ 29 ] That being said, the severity of the adolescent’s difficulties remains a determining factor in the achievement of reintegration.

He has committed to making serious efforts towards his rehabilitation. Those efforts must be maintained over the long run in order to bring about durable changes and to proceed with the objective of returning home. The court encourages the adolescent to be mindful of the risks associated with persistent problematic behaviours, including a potential extension of his current placement order. [ 30 ] The mother is invited to continue collaborating closely with the Director. Transparency is essential in order to provide assistance tailored to the family’s needs.

The mother’s history of consumption remains a source of conflict with the adolescent despite her current reported abstinence.

This issue merits clarification and dialogue in order to achieve resolution and improve their relationship. [ 31 ] FOR THESE REASONS, [ 32 ] THE COURT: [ 33 ] GRANTS the application; [ 34 ] DECLARES that the security and development of the adolescent are endangered as a result of serious behavioural disturbances and serious risk of negligence; [ 35 ] ORDERS that the adolescent remain entrusted to a rehabilitation center for a period of seven months ; [ 36 ] ORDERS the start of progressive reintegration to the mother’s home sixty days prior to the end of the rehabilitation center order; [ 37 ] ORDERS that the frequency and modality of contacts between the adolescent and his parents be determined by agreement of all parties including the Director; [ 38 ] TAKING JUDICIAL NOTICE of his consent, ORDERS that the adolescent participate in therapy; [ 39 ] ORDERS the adolescent to abide by his parents’ rules and ensure that no physical or verbal violence is used; [ 40 ] ORDERS during visits that the adolescent respect all house rules established in the mother’s home; [ 41 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 42 ] ENTRUSTS the situation of the adolescent, X to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 43 ] THE WHOLE for a period of one year.

SIGNED IN TOWN A On March 14, 2019 __________________________________ KAREN OHAYON, J.C.Q . Me Christine Waldvogel Attorney for the Director Me Sébastien Brousseau Attorney for the adolescent Me Judith Shapiro-Knight Attorney for the mother Date of hearing: KO/lf March 8, 2019