r v. A, 2016 QCCQ 12524

Protection de la jeunesse — 165952 2016 QCCQ 12524 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005012-151 DATE: May 16, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2001 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

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 ] On January 18, 2016, the Court renders a decision in the situation of X, to the effect that his security and development are in danger in reason of serious behavioural disturbance and educational neglect.

While maintaining the adolescent in his maternal environment and ordering the supervision of his contacts with his father, the Court applies various measures of aid and counsel for one year. [ 2 ] The Director of Youth Protection presents a motion for revision of the said decision, alleging that X continues to exhibit numerous problematic behaviours, refuses to address his issues and opposes services in place.

The Director requests that the Court entrust the adolescent to a reception center, while maintaining the other measures in place for a period of seven months. [ 3 ] Both the mother and her son consign their admissions and agree to the orientation put forth by the Director. Although the father is absent, the mother confirms that he shares her position. [ 4 ] Analysis and decision [ 5 ] Since the last order, the adolescent remains in his home environment with his mother and siblings.

As for the parents, their conjugal situation is unclear although they remain separated in view of the court orders in place. [ 6 ] The situation continues to degenerate as X presents aggressive behaviours, consumes illicit drugs and generally opposes his parent’s efforts to apply structure and rules. Although the mother makes efforts in this sense, she still struggles to position herself as an authority figure.

X shows little deference to his mother’s role. [ 7 ] Numerous services are put in place to address the situation of endangerment, namely: • CSR[A] worker; • Anger management through [A organism] ; • Follow-up with [B organism] in regards to drug consumption; [ 8 ] Although he had initially agreed to do so, X fails to participate in the services in regards to anger management and his drug consumption.

His school attendance and performance remain problematic. [ 9 ] In the beginning of April, altercations occur between X and his father, who he intervenes at the mother’s request to curb the adolescent’s oppositional behaviours. Physical altercations ensue and police interventions are necessary.

[ 10 ] Although the parties agree that X returns home, he immediately asks to leave to meet a friend to consume drugs. The father tells him to leave and to assume the consequences of his decision. He returns under the influence of drugs and recognizes having taken pills (Xanax) over the last two days. [ 11 ] The parents name their concern for their son and their inability to structure his behaviours. [ 12 ] On April 8, 2016, the Court renders a provisional order entrusting X to a rehabilitation center.

As is the case during his previous provisional placement, X finds his equilibrium in this neutral and structured environment. He once again states his intention to cooperate in an anger management and substance abuse therapy. [ 13 ] Although X visits home on weekends, problems are still present as he continues to focus on his social circle and consumes marijuana.

Notwithstanding, the parties agree that he is more able to respect the rules in place and that he is less oppositional. [ 14 ] X is able to have insight as to his behaviours and take responsibility, but fails to grasp the need to address the various issues affecting his ability to function in a socially acceptable manner.

His difficulties to involve himself with the services offered and attend school justify a revision of the measures put in place in the previous judgment. [ 15 ] The parents recognize having to make changes on a personal and parental basis in order for the situation to evolve positively. [ 16 ] The father hasn’t initiated a follow-up as to his alcohol consumption, despite initially recognizing this as a contributing factor to the situation of endangerment and the degeneration of the family dynamic.

The mother, on her part, needs to continue to work on assuming a more authoritative parental role. [ 17 ] After considering the evidence, the Court concludes that the adolescent’s best interests dictate a revision of the measures of protection put in place in virtue of the last judgment.

X requires a neutral, coherent and structuring environment where he will work on adopting socially-acceptable behaviours and to focusing on positive activities. [ 18 ] The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the adolescent's best interest, while concurrently receiving the approval of the parties. [ 19 ] FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the motion for revision of a Court order; [ 21 ] DECLARES that the security and the development of the adolescent are still in danger; [ 22 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre; [ 23 ] ORDERS that the contacts between the adolescent and his father be in the presence of a third party chosen by the Director, and this at the youth's request; [ 24 ] AUTHORIZES the lifting of the said supervision between the adolescent and his father following mutual agreement between the parties; [ 25 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures; [ 26 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 27 ] TAKES ACT X's agreement to participate in a follow-up with [A organism] as well as [B organism]; [ 28 ] ALL THESE MEASURES for a period of 7 months; [ 29 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Sarah Gaudry Staub Attorney for the Petitioner Me Michel Robert Attorney for the mother Me Karine P. Poissant Attorney for the adolescent Date of hearing: May 16, 2016