2019 QCCQ 12335, 2019 QCCQ 12335

Protection de la jeunesse — 192862 2019 QCCQ 12335 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No.: 635-41-000643-152 DATE: March 19, 2019 ______________________________________________________________________ PRESIDING: THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] AND/OR [SOCIAL WORKER 2], youth protection workers, duly authorized by the Director of Youth Protection A, working in Town A Applicant and X, born on [...], 2002 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Sections 95(para. 2) and 75, Youth Protection Act , CQLR, c.

P-34.1 ) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcast of any information that would allow a child or the child’s parents to be identified. Every person who contravenes this provision commits an offence and is liable to a fine (ss. 11.2, 11.2.1 and 135 ). [ 1 ] The Director of Youth Protection applied for the extension of a decision under s. 95 of the Youth Protection Act , [1] rendered on March 29, 2018, by the Honourable Jean Gravel, J.C.Q.

At that time, he declared that the security and development of X, born on [...], 2002, were still in danger and entrusted him to a rehabilitation centre. [ 2 ] At the hearing, the youth was present and assisted by counsel. The parents were also present and each was assisted by different counsel. Facts: [ 3 ] Following the last Court hearing, the youth was entrusted to the Unit A rehabilitation centre in Town A. [ 4 ] On September 1, 2018, the youth was entrusted to the group home in Town A in order to prepare his reintegration with his family. On September 2, 2018, however, the youth ran away from the group home.

On October 24, 2018, the youth was found at the mother’s house and entrusted to the rehabilitation centre A in Town B. [ 5 ] The youth sometimes still displays serious behaviour problems, in particular, aggressive or impulsive behaviour and running away. [ 6 ] The mother’s cooperation with Youth Protection is regular. [ 7 ] The mother’s relationship with Mr. C remains conflictual and he is back with the mother. [ 8 ] The father’s involvement in the youth’s life and with Youth Protection has improved.

Position of the parties: [ 9 ] The applicant asks that X be entrusted to a rehabilitation centre until March 31, 2020, with a possible reintegration into the mother’s or the maternal grandmother’s care. [ 10 ] The mother agrees with that measure.

[ 11 ] The youth feels that he is ready to integrate the care of his grandmother, D. [ 12 ] The father shares X’s request. Analysis: [ 13 ] The youth is going through a rough period at the rehabilitation centre, where he has been since he was thirteen (13) years old. He is now sixteen (16) and it feels as though he is not getting anywhere with the services he is receiving. [ 14 ] The grandmother is full of good intentions, but it is nearly impossible for her to control X’s misbehaviour. The youth has to attend school until the end of the present school year.

After that, there is no legal obligation for him to attend school.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application in part ; [ 16 ] EXTENDS AND REVIEWS the decision or order rendered on March 29, 2018; [ 17 ] DECLARES that the security and development of the youth, X, born on [...], 2002, are still in danger; [ 18 ] ORDERS that X be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre, for a period of six (6) months, with a possible reintegration into his mother or maternal grandmother’s care if the situation allows; [ 19 ] ORDERS the adolescent and the parents to take an active

part in the application of any of the measures ordered by the Court; [ 20 ] ORDERS that X visit his father every other weekend under the condition that the father is sober and that his living environment is suitable and only after the adolescent has fully reintegrated into his family’s care; [ 21 ] ORDERS that the adolescent, the adolescent’s parents and the maternal grandmother to report in person, at regular intervals, to the Director of Youth Protection to inform him of their current situation; [ 22 ] ORDERS that the adolescent, the mother and the maternal grandmother receive the services of an external educator during and after the reintegration process; [ 23 ] ORDERS that the adolescent attend school or another place of learning or participate in a program geared to developing skills and autonomy; [ 24 ] ORDERS the mother and Mr.

C to remain sober in the presence of the adolescent; [ 25 ] ORDERS the mother and Mr. C to refrain from engaging in any form of aggression or violence in the adolescent’s presence; [ 26 ] RECOMMENDS that the mother seek help through Social Services for her relationship issues; [ 27 ] AUTHORIZES the Director of Youth Protection to access the information regarding the mother’s presence at appointments with professionals and her level of involvement in the services provided; [ 28 ] ORDERS that contact between the adolescent, the parents, the maternal grandmother and Mr.

C be determined by the Director of Youth Protection with respect to the terms, frequency and degree of supervision; [ 29 ] AUTHORIZES the Director of Youth Protection to carry out unannounced visits at the parents’ and the maternal grandmother’s residence when the adolescent is present; [ 30 ] ORDERS that a person working for an institution or body provide aid, counselling and assistance to the adolescent and the adolescent’s family; [ 31 ] ORDERS the execution of the present decision by any peace officer; [ 32 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out.

THE WHOLE UNTIL SEPTEMBER 19, 2020. __________________________________ MARC OUIMETTE, J.C.Q. Mtre Geneviève Apollon Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Isabelle Martineau Centre communautaire juridique A

Counsel for the youth Mtre Émilie Gélineau Counsel for the mother Mtre Angèle Tommasel Counsel for the father Date of hearing: March 19, 2019