2023 QCCQ 8834, 2023 QCCQ 8834

Protection de la jeunesse — 234774 2023 QCCQ 8834 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT […] TOWN […] Youth Division No: 760-41-006434-206 DATE: August 24, 2023 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X , born on [...], 2006 Youth ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant -and- A B Parents ______________________________________________________________________ JUDGMENT Article 95 (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 offence and is liable to a fine (sections 9.2, 9.3 and 135 Y.P.A.). [ 1 ] On October 21, 2022, the Court extends until August 30, 2023, various protective measures as regards the youth. Alleging a continued need for readaptation, the Director of Youth Protection seeks the extension of this order until the youth’s majority. [ 2 ] Both parents, although duly notified of the proceedings, fail to present themselves to the hearing, situation which also reflects their involvement in the follow-up.

The Court proceeds in their absence. [ 3 ] The youth, through his attorney, subscribes to the Director’s evaluation and proposed orientation. [ 4 ] After evaluating the evidence, the Court endorses the conclusions. The following elements justify this decision. Analysis and decision [ 5 ] The youth evolves in a rehabilitation unit able to respond to his special needs (mild intellectual deficiency, fine motor, language and socialization disorders). He continues to progress in regard to his various issues, more specifically as to his aggressive and self-harm behaviours.

His overall functioning is greatly improved. [ 6 ] His visitation in his family environment varies in frequency and duration, usually depending on factors relating to the ongoing relationship issues. It is observed that longer visits with overnights can result in the youth feeling overwhelmed and asking to return to the center. As such, day visits are the norm. [ 7 ] Collaboration with the parents continues to be difficult. Despite support and accompaniment in regard to their son’s specific needs, the parents fail to make changes in their approaches and often adopt inappropriate parental methods.

This can impact on the youth’s emotional stability and result in crisis situations. [ 8 ] Neither parent is involved in their son’s care, maintenance, or education. [ 9 ] In placement since September 2020, the maximum delays of placement have been reached.

The youth affirms not wanting to return to his home environment, decision which corresponds with his best interests and the parent’s continued incapacity to respond to his needs. [ 10 ] As such, the Court endorses the alternative life project identified by the Director, which includes his eventual transfer in a resource offering specific services up to and beyond, his upcoming majority. FOR ALL THESE REASONS, THE COURT:

[ 11 ] GRANTS the application; [ 12 ] DECLARES that the security and the development of the youth are still in danger; [ 13 ] EXTENDS the Court order rendered on October 21, 2022; [ 14 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 15 ] TAKES ACT that the youth will integrate a resource offering specific services as soon as possible (type CRDI) ; [ 16 ] ORD ERS that the contacts between the youth and his parents be following mutual agreement between the parties; [ 17 ] ORD ERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child’s regard to put an end at the situation in which the security or development of the youth are in danger; [ 18 ] ORD ERS that the youth and his parents take an active

part in the application of the measures ordered; [ 19 ] ORD ERS that a person working for an institution or body provide aid, counselling or assistance to the youth as well as his family; [ 20 ] ALL THESE MEASURES until the majority of the youth, on [...], 2024; [ 21 ] ENTRUSTS the situation of the youth to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Vanessa Côté Attorney for the Applicant Me Karine P. Poissant Attorney for the youth Date of hearing: August 24, 2023