2018 QCCQ 11280, 2018 QCCQ 11280

Protection de la jeunesse — 181336 2018 QCCQ 11280 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000274-073 DATE: January 31, 2018 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2000 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 ] The Director of youth protection (DYP) asks the Court to revise and extend the order rendered on May 3, 2017, in respect of the adolescent. [ 2 ] Regarding the parents, the DYP requested to be dispensed with the notification of the application since they are untraceable. The DYP attempted to retrace them unsuccessfully. They used a specialized firm [1] to retrace them without any results.

For these reasons and in the best interest of the adolescent, the hearing will proceed. [ 3 ] The adolescent is present and duly represented. Through his counsel, he admits some of the facts, but denies or denies as written others. However, he agrees with the recommendations suggested by the DYP and consents to the filing of the report to value as testimony of its author. The adolescent did not testify in this case, nor did he present any evidence. [ 4 ] At the beginning of the measure ordered on May 3, 2017, the adolescent was doing well but the situation worsened throughout the summer.

He consumes drugs and alcohol. He hangs out with persons known as drug users. He does not respect the rules, the curfew and never tells his whereabouts to his foster family. They were not able to handle him anymore. [ 5 ] The adolescent had to be removed from his foster family to be entrusted to another one. At first, positive changes were observed, but at soon as the school year started, his behavioral problems resurfaced. Often, he spends nights out without returning to the foster family.

The DYP learned later that he went to his previous foster family. [ 6 ] In spite of the numerous interventions to help the teenager, his behavior became more and more difficult to deal with. [ 7 ] On December 10, 2017, because of the situation previously described, the adolescent is entrusted to a rehabilitation center under immediate protective measures, which were extended until the present hearing. [ 8 ] While being in the rehabilitation center, some meetings were put in place in order to reintegrate the adolescent with his former foster family, they are ready to do whatever it takes to ensure him a stable environment.

The adolescent also shares his intention to take

his medication. [ 9 ] The adolescent is seventeen years old, soon turning eighteen. Shortly, he will be on his own and will have to deal alone with his issues. It is time for him to do something to address his problems, when he still can. Afterwards, he will not get as much support as he can benefit from right now.

He is old enough to understand the consequence of his action and, sadly, where a bad choice can bring him. [ 10 ] Even if, the adolescent, his less vulnerable, he still needs structure, stability and a nurturing home environment. [ 11 ] The evidence demonstrates that the security and development of the adolescent are still in danger. Under the circumstances, the application is well founded. The suggested measures appear to be in the best interest of this adolescent.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 12 ] DISPENSES the DYP to serve the application for revision and extension of order to the parents; [ 13 ] GRANTS the application for revision and extension of order; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 15 ] REVISES AND EXTENDS the Court order rendered on May 3, 2017; [ 16 ] ORDERS that the adolescent be entrusted to a foster family designated by the Director of Youth Protection until [...], 2018; [ 17 ] RECOMMENDS that the adolescent participate in an addiction assessment and counselling if deemed necessary; [ 18 ] RECOMMENDS that the adolescent receive a psychological assessment and counselling if deemed necessary; [ 19 ] RECOMMENDS that the adolescent participate in anger management; [ 20 ] RECOMMENDS that the adolescent benefits from an external educator to learn coping and communication skills; [ 21 ] ORDERS that the adolescent attend school regularly; [ 22 ] RECOMMENDS that the adolescent and his parents actively participate in the measures ordered to put an end to the situation of endangerment; [ 23 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and his foster family until [...], 2018; [ 24 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother (absent) Mr. B the father (absent) Written judgment filed on February 9, 2018