2016 QCCQ 17905, 2016 QCCQ 17905

Protection de la jeunesse — 168820 2016 QCCQ 17905 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-027954-130 DATE : October 17, 2016 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X , born on [...], 2001 THE DIRECTOR OF YOUTH PROTECTION Applicant and A , mother Respondent ______________________________________________________________________ JUDGMENT (Section 95 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on October 17 th , 2016. [ 2 ] The Director of Youth Protection (the Director) seizes Court of an amended motion for revision and extension of a decision rendered on May 19 th , 2015, by Honourable judge Ruth Veillet. The Director is asking that the adolescent remain entrusted to the care of Mr. B and that aid, counsel and assistance be provided for a period of one year. [ 3 ] On behalf of the adolescent, his lawyer admits all the facts alleged in support of the motion.

The adolescent agrees with the recommendations of the Director. [ 4 ] The Court notices that the motion as well as documents filed by the Director refer to Mr. B as the father of the adolescent. The name of Mr. B does not appear on the adolescent's birth certificate. He has never been granted the status of party by the Court. [ 5 ] The Director has nonetheless provided Mr. B the motion and court documents. Mr. B recognizes the validity of the allegations of the motion and of the information contained in the report.

He is in full agreement with the recommendations of the Director. [ 6 ] At the suggestion of the adolescent's attorney and with the agreement of the attorney of the Director, a verbal request is made in order to have Mr. B recognized as a party. [ 7 ] After conducting a brief inquiry on the matter, the Court comes to the conclusion that it is expedient to grant Mr. B the status of party to the hearing. The input that Mr. B can provide the Court is necessary in order to have all the information pertaining to the adolescent's situation.

CONTEXT [ 8 ] It appears from the evidence that the adolescent has been fully integrated back in the care of Mr. B on November 2015 after his six month stay in a rehabilitation centre. [ 9 ] The adolescent continues to exhibit difficult behaviours at home. At times, he displays explosive outbursts towards his sister and Mr. B. [ 10 ] In late 2015, the adolescent broke up with his girlfriend. He has since exhibited concerning behaviours. He has made threats against her.

He has kept contact with her and their exchanges can be heated, vulgar, nasty. [ 11 ] As the ex-girlfriend continues to be a friend of his sister, the adolescent has been in physical contact with his ex-girlfriend. On at least one occasion, he was physically aggressive with her. [ 12 ] The adolescent still has a conflictual relationship with his sister. Both siblings are at times verbally aggressive towards one another. They have also been physically aggressive. This situation requires close monitoring from Mr.

B as it is felt that the adolescent puts himself and others at risk. [ 13 ] On a more positive note, the adolescent continues to do very well in school. He signed up for a three year program offered through the school where academics and work are involved.

He is excited and enthusiastic about the program. [ 14 ] While the Director did not respect the order rendered on May 19 th , 2015, for the adolescent to undergo a psychiatric assessment "to rule out Tourette's Syndrom and follow recommendations if any", the undersigned requested that the Director carry out the measures as rendered. [ 15 ] The report concludes that there is no evidence suggesting that the adolescent suffers from Tourette's Disorder, a psychotic disorder or any anxiety disorder.

The adolescent continues to present with the symptoms of attention deficit hyperactivity disorder (ADHD) and oppositional defiant disorder (ODD). Medication is prescribed and it is hoped that the adolescent will take his medication on a regular basis. [ 16 ] The mother is absent from the life of the adolescent and is not collaborating with the Director. [ 17 ] Under the circumstances, the evidence reveals the necessity for the continued involvement of the Director. The recommendations meet the needs of the adolescent and are in his best interest.

AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 18 ] DECLARES that the security and the development of the adolescent are still compromised; AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT, THE COURT ORDERS THE FOLLOWING MEASURES: [ 19 ] ENTRUSTS X to the care of Mr.

B; [ 20 ] ORDERS that the modalities and duration of contacts between X and his mother be determined by the Director of Youth Protection and ENCOURAGES the Director of Youth Protection to try and set a frequency that will meet the needs of the adolescent and provide some sort of predictability to these contacts; [ 21 ] RECOMMENDS to X to receive any therapeutic support that is deemed beneficial to him; [ 22 ] ORDERS that aid, counsel and assistance be provided to the adolescent and his family for a duration of one (1) year; ENTRUSTS the situation of adolescent to the Director of Youth Protection of Centre intégré universitaire de santé et de services sociaux A, who shall then see that the measures are carried out; [ 23 ] ORDERS the execution of the present judgment by any peace officer, if necessary. _________________________________ MARIE ARCHAMBAULT, J.C.Q.

Me Nadia Sabik

Attorney for the Director of Youth Protection Me Guy Luc Grondin Attorney for the adolescent Date of hearing : May 17 th and October 17 th , 2016