2018 QCCQ 13597, 2018 QCCQ 13597

Protection de la jeunesse — 184151 2018 QCCQ 13597 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] « Youth Court Division » N°: 525-41-0 32305-179 Date: May 23, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2003 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of May 23, 2018, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned, on April 19, 2017, whereby the now fourteen year-old adolescent, X , was entrusted to a rehabilitation center for a period of three months with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for revision dated February 7, 2018, are as follows: 3.1. the adolescent made progress and was able to return home in June 2017; 3.2. the situation has deteriorated, more recently, more particularly, but not restrictively in that:

a) the adolescent started arriving home late;

b) the adolescent and mother have been arguing around his arriving late, about his lack of taking responsibility for his actions;

c) the adolescent does not inform the mother of his whereabouts;

d) the conflicts between the mother and the adolescent escalated into a physical confrontation;

e) the adolescent did not return home on January 31, 2018;

f) the adolescent remained at a friend’s home on February 6, 2018, as had been agreed; 3.3. immediate protective measures were invoked on February 6, 2018, as the adolescent continues to refuse to return home; 3.4. the mother is overwhelmed and requesting placement of the adolescent; 3.5. the adolescent does not have contacts with the father (reproduced with errors and/or omissions).

[ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center for a period of six months, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, con-tested the proposed measures and requested her son’s immediate return to her care. [ 6 ] The father’s whereabouts remain unknown and the Court proceeded in his absence. [ 7 ] The adolescent, assisted by Me Fafard, admitted most of the alleged facts and also contested the proposed measures, asking to return to his mother’s care. [ 8 ] The Director filed Exhibits D-4 and D-5 as evidence: D-4: 95 Court Report, prepared by [social worker 1], dated March 7, 2018; D-5: Addendum, prepared by [social worker 1] dated May 17, 2018. [ 9 ] In

summary, despite the behavioral problems described in the application, the situation has recently improved and the adolescent has been spending more time at home with positive results, with weekend visits beginning two months ago and extended visits from Thursday to Monday about a month ago. [ 10 ] Mother and son both appear sincere and committed in their efforts to improve their relationship. The mother is exercising her authority more effectively and her son is more respectful.

He is seeking services for anger management and is actively involved in sports. [ 11 ] The mother is also willing to benefit from services and is determined to maintain a strong, healthy relationship with her son. [ 12 ] As improvements are recent, the adolescent’s immediate return to his mother’s care is premature.

A gradual integration beginning at the end of the school year will allow the adolescent to focus on completing the school year without any major changes or distractions, and then begin the process of reintegrating to his mother’s care gradual-ly, as increased services are in place to help support the family during the transition.

THEREFORE, THE COURT: [ 13 ] GRANTS the application in part; [ 14 ] DECLARES that the security and development of the adolescent, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 15 ] ORDERS that the adolescent remain placed in a rehabilitation center until August 23, 2018 with integration to the care of his mother beginning on June 21, 2018, on condition: • that the adolescent is registered in a structured activity for the summer, whether it is playing football, coaching or another agreed upon structured activity; • that mother and son have begun participating in psychological services; • that the family is collaborating with an educator; [ 16 ] TAKES JUDICIAL NOTICE that presently contacts occur for extended weekends and that the family is planning to travel from June 21 st to 25 th on holiday; [ 17 ] ORDERS that contacts between the adolescent and his father be suspended until the father meets with the Director of Youth Protection a minimum of three times to assess his intentions, motivation, and commitment to the adolescent, after which, the frequency and modality of contacts will be determined by the Director of Youth Protection, taking into consideration the best interest and wishes of the adolescent; [ 18 ] ORDERS that the adolescent receive all health care services required, more particularly that he benefit from psychological counselling as soon as possible TAKING JUDICIAL NOTICE of his undertaking to participate; [ 19 ] TAKES JUDICIAL NOTICE of the mother’s expressed desire to benefit from counselling as well; [ 20 ] RECOMMENDS that the adolescent and his mother participate in joint counselling; [ 21 ] ORDERS that the mother refrain from yelling and denigrating the adolescent; [ 22 ] ORDERS that the adolescent follow agreed upon house rules and expectations; [ 23 ] AUTHORIZES the Director of Youth Protection to exchange pertinent information with treating professionals working with the family regarding participation and attendance; [ 24 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and his family;

[ 25 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 26 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary; [ 27 ] THE WHOLE for a period of one year. Signed on June 18, 2018 TAYA DI PIETRO, Q.C.J. Me Sym Anthony Davis Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the adolescent TD/vl