2019 QCCQ 12415, 2019 QCCQ 12415

Protection de la jeunesse — 191901 2019 QCCQ 12415 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No : 615-41-002314-176 DATE : February 12, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...], 2005 child 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 12, 2019. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to revise the order rendered by the honourable Peggy Warolin on January 9, 2018. [ 3 ] Today, the Director recommends that the child be placed in a rehabilitation centre for a period of six months and that support measures be ordered for a period of one year. [ 4 ] The mother agrees that the child needs help but considers that a six month period of placement is long. [ 5 ] The father is absent and is uninvolved in the child’s life. [ 6 ] The child agrees reluctantly with the measures and wishes to go for treatment now.

Question in litigation [ 7 ] Are the proposed measures in the child’s best interest and are they respecting his rights?

Context and Analysis [ 8 ] In her last judgment, Justice Warolin was very clear with the mother: [5] The Court emphasises the importance for the mother to be actively involved in the application of the measures. […] [ 9 ] This message clearly did not reach the mother the way it was intended. [ 10 ] On May 11, 2018, contrary to the Court order, the youth protection worker learned that the mother was back in City A for her old job and that the child was left under the care of the maternal grandmother. [ 11 ] Tutoring services were arranged for the child to be schooled.

The child had difficulty participating in regular meetings. He

mentioned that he did not need to go to school. At the beginning of June, following a confrontation between the child and his tutor, the later decided to stop his tutoring services. [ 12 ] On June 18 and 22, 2018, the child went to his counseling with C in City B. During this time, he met with his father once in City C. [ 13 ] During the summer, the adolescent returned to City A with his mother for a while. [ 14 ] Since the 2018-2019 school year, the child has been suspended on several times for exhibiting, challenging or disrespectful behaviours.

At one point he made threats to fight with a person working for the school and kicked his vehicle. He was absent or late from school on numerous occasions. He consumes marijuana on a regular basis. At age 13, it is a challenge to maintain him in the school system. The Tribunal reminds the child and the mother of their obligation under the Education Act. [ 15 ] The youth protection worker asked the mother, on many occasions, to bring him to City A.

Up to now, she failed to do so. [ 16 ] At one point, the maternal grandmother was willing to care for the child but she was not always available to care for him as she had to leave the community for work. During those times, the child was cared for by his brother, his uncle, or he stayed at his girlfriend’s place. [ 17 ] On January 11, 2019, the Tribunal entrusted the child to his maternal grandmother on a provisional basis, under certain conditions. [ 18 ] On January 28, 2019, the child made comments in school about a bomb and about bringing a gun to school for protection.

While he was in the police station for questioning, he assaulted a police officer. He was charged and will have to appear in Court on March 12, 2019. [ 19 ] On January 29, 2019, the child’s grandmother stated to the youth protection worker that she would not care for her grandson anymore. [ 20 ] The child needs to reside in an environment that will provide him with structure and support. At this point, he needs to be placed in a rehabilitation centre. A reintegration to his mother’s or to his grandmother’s care would be premature.

To this point, he has not made sufficient efforts to change his attitude and behaviours. [ 21 ] On her side, the mother needs to remain fully committed and ensure that her son goes to school. [ 22 ] The child is presently being assessed regarding his drug use. He also receives the support from a psychologist. [ 23 ] The Director wishes to orient the child towards the treatment centre in City D. A period of two weeks will be necessary to arrange for his registration. During this time, the child will be authorized to remain with his mother in City A.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 24 ] GRANTS the application for revision; [ 25 ] DECLARES that the security or the development of the child is still endangered; [ 26 ] REVISES the order rendered on January 9, 2018; [ 27 ] ORDERS that the child be placed in a rehabilitation centre for a period of six months; [ 28 ] AUTHORIZES the adolescent, for a period of two weeks from today, that he be entrusted with his mother in City A, while steps are taken for him to be integrate in a rehabilitation centre; [ 29 ] ORDERS that the child and his mother fully collaborate with the Director of Youth Protection and meet with the worker upon request; [ 30 ] RECOMMENDS that the child attend a treatment program for drug and/or alcohol abuse and TAKES ACT of the child’s commitment to do so; [ 31 ] ORDERS that the frequency and modalities of contacts between the child and his parents be determined by the Director of Youth Protection; [ 32 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 33 ] THE WHOLE for a period of one year; [ 34 ] ENTRUSTS the situation of X to the Director of Youth Protection A, who shall then see that the measures are carried out. __________________________________ François Ste-Marie, J.C.Q.

Written and signed on March 5, 2019

/cd Mtre Adélia Ferreira Counsel for the Director of Youth Protection Mtre Yan Massé Counsel for the child Mtre Marie-Josée Ayoub Counsel for the mother Date of hearing: February 12, 2019