2022 QCCQ 11113, 2022 QCCQ 11113
Opinion
Protection de la jeunesse — 222843 2022 QCCQ 11113 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] LOCALITY OF […] « Youth Court Division » N°: 525-41-038734-216 Date: June 8, 2022 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2004 [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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of June 8, 2022, in accordance with
section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision and extension of an order rendered by the honourable Ruth Veillet on August 2, 2021, whereby the now seventeen year-old adolescent, X , was entrusted to a rehabilitation center for a period of nine month, with a reintegration to his father’s care after six months with aid, counsel and assistance, for a period nine months. [ 3 ] The facts alleged in support of the application for revision and extension dated March 30, 2022, are as follows: 3.1. the adolescent remains entrusted to a rehabilitation centre; 3.2. the adolescent and the father have weekend visits in compliance with the father’s working schedule, as he sometimes works on weekends; 3.3. the adolescent was moved to an open unit on October 20, 2021, to prepare him for his reintegration into the father’s care; 3.4. since then, the adolescent’s behaviors have been deteriorating, more particularly but not restrictively in that:
a) the adolescent steals from his peers;
b) the adolescent brings rolling paper in the rehabilitation centre and is sometimes seen arriving high;
c) the adolescent often skips school;
d) the adolescent’s whereabouts and activities are often unclear;
e) the adolescent is not transparent with the Director of Youth Protection delegate nor with the rehabilitation centre staff, as he does not disclose information when asked about school or his whereabouts; 3.5. the father reports not being ready to have the adolescent back into his care, as he believes the adolescent needs supervision while he is at work; 3.6. the adolescent continues to require a structured environment;
3.7. a reintegration of the adolescent into the father’s care is premature at this time (reproduced with errors and/or omissions). [ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center, with a progressive reintegration into his father’s care with aid, counsel and assistance, as well as additional corrective measures, until he reaches the age of majority, on [...], 2022. [ 5 ] The mother who lives in Saint Lucia was duly notified by email on April 22, 2022. [ 6 ] The father, who chose to proceed without the assistance of legal counsel, made a general admission and consented to the proposed measures. [ 7 ] The adolescent, assisted by Me Ameur, also admitted most of the allegations and consented to the proposed measures. [ 8 ] The Director filed Exhibit D-4 as evidence: D-4: Court Report, written by [Social Worker 1], dated May 17, 2022. [ 9 ] In
summary, the need to extend the adolescent’s placement while he is progressively reintegrated to his father’s care is undisputed. [ 10 ] Only a few short months remain in which to accompany the adolescent to take responsibility for his behavior and improve his relationship with his father. [ 11 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, 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 a rehabilitation center until he reaches the age of majority, with a progressive reintegration to his father’s care as the situation allows TAKING JUDICIAL NOTICE that the father will be out of town from July 9 th to August 8 th , 2022 and that the reintegration will resume upon his return; [ 15 ] ORDERS that the frequency and modality of contacts between the adolescent and his parents be determined by agreement between the parties TAKING JUDICAL NOTICE that weekly contacts will be encouraged; [ 16 ] STRONGLY RECOMMENDS that the adolescent continue to receive support services from Services for Older Adolescents, TAKING JUDICIAL NOTICE of his consent to do so; [ 17 ] STRONGLY RECOMMENDS that the adolescent follow-through with the recommendations in his psycho-educational assessment TAKING JUDICIAL NOTICE of his consent to do so; [ 18 ] STRONGLY RECOMMENDS that the father receive therapeutic support services; [ 19 ] 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; [ 20 ] 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; [ 21 ] THE WHOLE until he reaches the age of majority, on [...], 2022.
Signed on June 28, 2022 TAYA DI PIETRO, Q.C.J.
Me Heidi Lechter Attorney for the Director of Youth Protection Me Younes Ameur Attorney for the adolescent TD/vl
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