2018 QCCQ 10206, 2018 QCCQ 10206

Protection de la jeunesse — 181029 2018 QCCQ 10206 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY [...] « Youth Court Division » N°: 525-41-0 27699-131 Date: January 11, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2001 [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 (deceased) -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) JD2620 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 Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of January 11, 2018, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on December 1, 2016, whereby the now sixteen year-old adolescent, X , was entrusted to his father with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the Application for extension dated September 11, 2017, are as follows: 3.1. the adolescent continues to reside with the father and his partner C; 3.2. the family situation appears to have stabilized to a certain degree; 3.3. the father has maintained his sobriety, occasionally attending AA meetings; 3.4. the adolescent has continued his participation in the Cadet program; 3.5. the adolescent has continued to benefit from his art therapy sessions every other week; 3.6. since March 2017, the services of an educator were no longer deemed to be necessary; 3.7. nonetheless, the adolescent continues to require close monitoring regarding his time in the community; 3.8. ongoing support and intervention are required to maintain the gains made by the family (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to his father, with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on [...], 2019. [ 5 ] The father, assisted by Me Cloutier, admitted all the alleged facts and consented to the proposed measures, but only for a period of six months.

[ 6 ] The adolescent, assisted by Me Flexer, consented to the proposed measures until he reaches the age of majority. [ 7 ] The Director filed Exhibits D-5 and D-6 as evidence: D-5: Court Report, prepared by [social worker 1], dated September 1, 2017; D-6: Addendum, prepared by [social worker 1], dated November 28, 2017. [ 8 ] In

summary, the evidence establishes that the family has made great progress. The father has been sober for the past seventeen months, thus greatly contributing to provide his son with the security and stability that he needs. [ 9 ] The need for ongoing support is admitted and the only question to be determined is the appropriate length of the Court order.

The father feels that a period of six months is sufficient whereas the Director of Youth Protection and the adolescent agree to an order until the adolescent reaches the age of majority on [...], 2019. [ 10 ] In light of all the circumstances, more particularly given the father’s recent break-up and reconciliation with his partner and associated risks of stress and instability, and given that the adolescent is encouraged to continue the art therapy that he appeared to greatly appreciate, and finally, given that the adolescent expresses the need for ongoing support, the Court concludes that the duration recommended by the Director is warranted and in the adolescent’s interest. [ 11 ] Under the circumstances, given the evidence, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 12 ] GRANTS the application; [ 13 ] 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: [ 14 ] ORDERS that the adolescent remain entrusted to the care of his father; [ 15 ] ORDERS that the father remain sober while in the presence of his son; [ 16 ] ORDERS that the father ensure that the adolescent is appropriately supervised; [ 17 ] RECOMMENDS that the father continue to address his alcoholism, either by attending AA groups or engaging in therapy; [ 18 ] RECOMMENDS that the father undergo random drug/alcohol testing at the request of the worker; [ 19 ] ORDERS that the adolescent attend a school or another place of learning or participates in a program geared to developing skills and autonomy; [ 20 ] STRONGLY RECOMMENDS that the adolescent continue to receive Art Therapy as recommended in his psychological assessment for as long as deemed necessary; [ 21 ] 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; [ 22 ] 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; [ 23 ] THE WHOLE until he reaches the age of majority, on [...], 2019.

Signed on January 29, 2018 TAYA DI PIETRO, Q.C.J. Me Marie-Josée Paiement Attorney for the Director of Youth Protection Me Alec Ellis Flexer

Attorney for the adolescent Me Francis Cloutier Attorney for the father TD/vl