2023 QCCQ 8350, 2023 QCCQ 8350

Protection de la jeunesse — 232364 2023 QCCQ 8350 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N o : 505-41-010684-217 DATE : May 18, 2023 ______________________________________________________________________ PRESIDED BY : THE HONORABLE LYNE MORIN ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A Applicant -and- X, born on [...], 2005 Child -and- A Mother -and- B Mother ______________________________________________________________________ JUDGMEN T

Section 95 of the Youth Protection Act _____________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified. Whosoever contravenes this

article is guilty of an offence and is liable to a fine [ articles 9.2, 9.3 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection (Director) presents an application for the revision and extension of a Court order concerning X (17 years old). [ 2 ] On April 22, 2022, an agreement is reached between the parties.

The facts consigned in the agreement lead to the conclusion that the security and the development of the child are in danger for the following reasons: ● neglect on educational level. ● serious behavioural disturbances. [ 3 ] The child was entrusted to an institution operating a reception center for a period of one year taking act that the child is entrusted to an English-speaking reception center and attends an English school and taking act of the parties’ intention to maintain the child at an English-speaking center and an English school.

At the same date, Me Gingras, attorney for the child, presented a verbal discontinuance of her application on an encroachment of rights considering that the child was in a French-speaking unit and was receiving a French education prior to the signing of the agreement. CONTEXT AND ANALYSIS [ 4 ] The child is diagnosed with ADHD, autism spectrum disorder (ASD), a relational mothers-adolescent disorder in link with insecure attachment and an oppositional disorder with provocation. The child agrees to participate to a psychiatric evaluation.

[ 5 ] The Director recommends that the child remain entrusted to a rehabilitation center until his majority on [...], 2023. At the end of the school year, the child will be transferred in a French group home in Town A to develop his autonomy and prepare him for independency. The parents disagree with that project for two reasons: it is not an English environment, and the child will be too close to their home.

The parents are concerned about their family’s security. [ 6 ] Even though the child presents behavioral disturbances in the reception center, the Director considers that these are aspects that the child will need to continue to work on in the center or in society. Since the child will have nowhere to live when he reaches majority, the Director must prepare him to locate new living arrangements. The child agrees to be entrusted to a French-speaking unit and mentions his ability to function in French.

About his application on an encroachment of rights of last year, he mentions that it was a form of manipulation on his behalf. [ 7 ] The child takes the commitment not to appear at his parents’ home. He wants to return to the south shore to establish himself within the community and begin his autonomous living planning. [ 8 ] From April to June 2022, the child was presenting several difficulties such as opposition, suicidal and self-harming thoughts, and attempts. [ 9 ] The child was transferred into an open unit on the campus A on June 22, 2022.

An individualised service plan was developed with the CLSC worker for ASD/DI program. He was able to attend school and participate in a therapy with Organization 1. [ 10 ] Between April 4 and April 22, 2023, the child was placed into the intensive unit due to his misbehaviour.

His focus was to learn to take accountability for his actions without minimisation: ownership and responsibility. [ 11 ] He describes his relationship with his family as non-existent and he agrees not to visit his parent’s home unless invited. [ 12 ] The child will receive the services of a PQJ (Programme qualification jeunesse) educator to help him develop his autonomy. If necessary, follow-up with a worker from the NEXUS CRDI program is available. [ 13 ] Following

section 62 of the Youth Protection Act , when the Court orders that a child be entrusted to an institution operating a rehabilitation centre or hospital centre or to a foster family, it shall require the Director to designate the institution or an institution operating a child and youth protection centre that has recourse to foster families, that the child may be entrusted to. [ 14 ] The Director is aware of the concerns of the parents regarding the choice of the group home, but she maintains her decision. Regardless of the disagreement on the chosen unit, it is important to remember that the child needs help.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the child are still in danger; [ 17 ] REVISES AND EXTENDS the Court order rendered on April 22, 2022 in the present file; [ 18 ] ORDERS that the child be entrusted to an institution operating a rehabilitation center chosen by Director of Youth Protection A; [ 19 ] ORDERS that the contacts between the child and his parents be following agreement between the parties; [ 20 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the child is in danger; [ 21 ] ORDERS that the child and his parents take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 23 ] RECOMMENDS that the child undergo a psychiatric evaluation; [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present measures; [ 25 ] THE WHOLE until the child’s majority on [...], 2023. __________________________________ Lyne Morin , J.C.Q.

Me Karine Nantais Attorney for the Director of Youth Protection Me Jonathan Lefrançois Attorney for the child Me Gabriel Larose Attorney for the mothers Date of hearing: May 18, 2023