2022 QCCQ 8601, 2022 QCCQ 8601

Protection de la jeunesse — 225792 2022 QCCQ 8601 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006434-206 DATE: October 21, 2022 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2006 Youth ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B Parents ______________________________________________________________________ JUDGMENT Article 95 (1) & (2) of the Youth Protection Act ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] On April 29, 2022, the Court renders a 9 month order of protection in regards to the youth, revising and extending the measures put in place in reason of his behavioural issues, educational neglect and physical abuse.

Amongst these measures, the Court maintains the youth in a reception center for 4 months. [ 2 ] Alleging that the youth continues to require rehabilitation in a neutral environment, the Director seeks to prolong the measures in place until August 2023, including his placement. [ 3 ] The youth and his parents, consent to the conclusions [ 4 ] The Court endorses the application as being in the youth’s best interests and the objectives of the law. Analysis and decision [ 5 ] Since the last order, the youth continues to reside in a rehabilitation center.

After a few months, the parties agree to lift the supervision of the contacts with his mother.

Since then, he visits home regularly. [ 6 ] The Court notes the main objectives of the follow-up: • The youth continue to work on identifying his emotions and improve his ability to manage these; • The youth benefit from a reassuring environment during contacts at home; • The youth and his mother rebuild a trusting relationship; • The mother continue to receives services in regards to her parental sensibility and responses to her son’s specific needs; [ 7 ] The youth progresses positively in the reception center setting.

Although he still struggles with his emotion management, he is better able to manage these and overall, his behaviours stabilize. [ 8 ] The mother cooperates in the follow-up. She invests herself in services to help her better understand and deal with her son’s diagnoses and capacities. She is observed to be able to reassure her son and adapt her responses to his needs. [ 9 ] Once supervision of the contacts is lifted, weekend visitation commences. Challenges appear relatively rapidly, which give

way to mutual frustrations. [ 10 ] The youth names his distress in regards a few issues, including to being left unattended when his mother works. His father makes efforts to better connect with his son, but his involvement remains miminal. [ 11 ] He further states not feeling reassured by the response to his needs. He can ask to return early to his unit. [ 12 ] Adjustments to the contacts are discussed.

The youth refuses to resume visits home, wanting his mother to present a clear plan for visits and confirm her availabilities. [ 13 ] Eventually, the youth asks to reduce his contacts to only a few hours a weekend. [ 14 ] Reaching the end of his term of placement, the youth names that he is not ready to return home as he considers that family can’t as yet provide what he needs.

He asks to continue to evolve in the reception center setting until August 2023 while continue to visit his family on a regular basis. [ 15 ] The mother has difficulty accepting her son’s decisions and feels overwhelmed with the Director’s implication. Despite this, at the hearing, the parents declare wanting to respect their son’s wishes, while wanting him to continue regular contacts home. [ 16 ] The Court concludes that although there has been some progression, the objectives of the intervention have not been met.

The youth’s relationship with his mother and family continues to be complex and subject to instability. [ 17 ] The youth being reassured by the structure at his unit, which permits him to progress in his capacities to manage his emotional issues, his continued placement is in his best interests while the parties continue to work on their objectives.

FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the application; [ 19 ] DECLARES that the security and the development of the youth are still in danger; [ 20 ] REVISES and EXTENDS the Court order rendered on April 29, 2022; [ 21 ] ENTRUSTS the youth to an institution operating a rehabilitation centre chosen by Director of Youth Protection A; [ 22 ] ORD ERS that the contacts between the youth and the mother be following agreement the parties while respecting his express wishes ; [ 23 ] TAKES ACT that the youth wishes that the contact occu r on a regular basis; [ 24 ] MAINTAINS all other conclusions rendered on April 29, 2022 not inconsistent with the present judgment; [ 25 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A for the execution of the present order; [ 26 ] ALL THESES MEASURES until August 30, 2023 . __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Marc Castonguay Attorney for the Applicant Me Stéphanie Castagnier Attorney for the youth Date of hearing: October 21, 2022