2022 QCCQ 13519, 2022 QCCQ 13519

Protection de la jeunesse — 228384 2022 QCCQ 13519 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] «Youth Division»

N° : 505-41-009416-191 DATE : December 19, 2022 ______________________________________________________________________ PRESIDED BY JUSTICE MÉLANIE ROY ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A , Applicant -and- X , born on [...], 2009 Child -and- A Mother -and- B Father J U D G E M E N T Sections 95(1) and (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 offense and is liable to a fine (sections 11.2.1 and 135 Y.P.A .) [ 1 ] The child is 13 years old.

He is entrusted to a rehabilitation centre according to the last Court order rendered on March 18, 2022. [ 2 ] The Director of Youth Protection (the Director) presents an application for revision and extension of a Court decision. [ 3 ] The Director alleges that the child and the mother have made great progress and that the child is no more in need of rehabilitation. [ 4 ] The Director is asking that the child be entrusted to his mother with a social follow-up for a period of nine months. [ 5 ] The parties agree with the recommendations. [ 6 ] Since the last Court order, the child remained in a rehabilitation centre.

He was visiting his parents on a regular basis and these contacts were usually positive. It was possible to lift the supervision. [ 7 ] During visits at his parents, he respects the established framework as well as the routine. [ 8 ] The child had to be changed living units a few times. He demonstrated certain behavioral problems including opposition, running away and conflictual relationships with his peers.

[ 9 ] The child explains that he does not want to respect the rules issued by the educators because they are not his parents. [ 10 ] He benefited from several meetings with a sexologist concerning his sexualized behaviors. The mother also put him on a waiting list for art therapy at the Institut Philippe-Pinel. [ 11 ] On September 26, 2022, the Court provisionally entrusted the child in shared custody between both parents. [ 12 ] Following his return to the family environment, the child attended school regularly and received the services of an educator.

He was also evaluated in neurology. [ 13 ] In October, a situation arose with the father when his stepdaughter complained that the child has had inappropriate sexual behaviors towards her. Thereafter, the child was entrusted full time to his mother. [ 14 ] He continues to have contact with his father but no longer sleeps at his home. [ 15 ] The child remains very reactive to changes. He must continue to learn to manage his emotions. [ 16 ] Both parents collaborate actively and are present for their son.

They continue to work on their communication. [ 17 ] The mother testifies to the fact that she has been working very hard on herself. Her relationship with Mr. C is much better and she continues to receive support from the specialized resource A. [ 18 ] The Court shares the clinical analysis of the Director [1] : X remains quite reactive to change, and becomes overwhelmed when feeling insecure by unfamiliar surroundings. Since he has difficulty regulating his emotions, he can easily become argumentative when confronted with new limits and relies on the adult to help him stay within prescribed boundaries.

He seems to be reassured by consistency and clear boundaries: and seems to lack the confidence in himself to find means of his own to modulate his behaviours and emotions. Therefore, X must learn to set his own limits and respect them, and the adults around him must give him the tools to further this accountability and autonomy. He needs to be accompanied by modelling from his parents on what kinds of demeanours to adopt in different situations. He also exhibits oppositional behaviours when he is feeling bored and as such, needs to further develop his autonomy.

Moreover, he needs to become more autonomous and responsible when it comes to regulating his emotions and actions. Even is his introspection, about his past behaviours and the inappropriate sexual gestures he posed, it is important that he work on realizing why he adopted such behaviours and recognize the impacts of his actions on others. He needs to be able to develop his meta-cognition in order to reflect on his actions then and now, in order to avoid behaving in such a way in the future. Being able to talk without judgment to his parents about what he has lived through may well help him through this process.

The stability of his parent’s homes: the fact that they are now able to apply consistent, coherent and clear rules in their environment seems to appease the youth. He is less confrontational when a rule is imposed at home than at the centre, perhaps because there is less movement and change in his family environments. Since the parents demonstrated their capacity to put a coherent framework around the youth and accompany him in his self-development and introspection, we recommend that the youth stay in his family environment.

The mother and father both complement each other in their strengths in such a way that can be easily balanced with a

schedule that may correspond to a shared custody. Nonetheless, we believe the family needs to continue to be supported in order to help X acquire the necessary tools and competency to regulate his emotions and behaviour, as he has made progress but the situation remains fragile. He will need to learn to be able to adapt to changing situation and find ways to be grounded within himself, by gaining confidence and autonomy.

The parents will, moreover, need to be supported and guided through their child difficulties and recognize and accept their own difficulties in order to continue to develop their co-parenting. [ 19 ] After having received the admissions, taken into consideration the reports produced and the testimonies heard, the Court concludes that the security and development of the child are still in danger and that the situation gives rise to the measures sought.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and the development of the child are still in danger; [ 22 ] REVISES AND EXTENDS the Court order rendered on March 18, 2022, in the present file; [ 23 ] ORDERS that the child be entrusted to his mother; [ 24 ] ORDERS that the contacts between the child and his father be following agreement the parties and according to the child’s wishes; [ 25 ] ORDERS that the parents take an active

part in the application of the measures ordered; [ 26 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and his family; [ 27 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment; [ 28 ] THE WHOLE for a period of nine months.

________________________________ Mélanie Roy, J.C.Q. Mtre Karine Nantais Attorney for the DYP Mtre Nancy Côté Attorney for the child Mtre Gisèle Tremblay Attorney for the mother Date of the hearing : December 19, 2022