2017 QCCQ 982, 2017 QCCQ 982

Protection de la jeunesse — 17221 2017 QCCQ 982 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000527-165 DATE: January 6, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on […], 2003 Child -and- A Mother ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 ] The Director of youth protection (DYP) asks the Court to declare that the security or development of the child is in danger, because of his behavioural problems. [ 2 ] In regards of the recommendations proposed, the DYP made an amendment to modify the date of the progressive reintegration in the maternal home from April 1 st , 2017 to March 1 st , 2017. [ 3 ] At the hearing, the mother is present but not represented by a lawyer. She wishes to proceed without any counsel.

She agrees with the facts of the application and also with the amended measures proposed by the DYP. Moreover, she consents to the filing of the report to value the testimony of their author. [ 4 ] The child is also present and duly represented. Even if he denies, denies as written or ignores some allegations, through his counsel, he agrees with the amended recommendations suggested by the DYP and the filing of the reports to value the testimony of their author.

No further evidence was presented in regards of the child’s situation in relation with the allegations denied by him. [ 5 ] On October 17, 2016, an immediate protective measure was applied entrusting the child to [A Center] rehabilitation center; [ 6 ] On October 19, 2016, an extension of the emergency measures was granted for an additional five days for the child to stay at [A Center] rehabilitation center. [ 7 ] On October 20, 2016, a provisionary measure was ordered entrusting the child the child to [A Center] rehabilitation center until November 30, 2016. [ 8 ] On November 30, 2016, at the scheduled hearing, his mother contested the recommendations regarding his placement at [A Center] and asked for his return at home.

She asked for postponement in order to seek legal advice or find a counselor to assist her. For these reasons, the postponement was granted and the case was set on January 6, 2017. The measures previously ordered were extended until then. [ 9 ] The chid is thirteen years old. Even if he denies many things alleged in the application for protection, the evidence shows otherwise. Moreover, the mother admits that the facts related in the proceeding reflect the reality of the situation.

[ 10 ] The evidence demonstrates that he has serious behavioural issues which have been going on for the past months. He ran away on more than one occasion; he uses drugs and he hangs out with the wrong crowd known to put themselves in trouble. [ 11 ] He is, however, very close to his grandfather with whom he has supper every Sunday with the rest of the family. Furthermore, he has a good bond with his mother also. [ 12 ] He collaborated well with the youth delegate and follows the rules at the rehabilitation center.

He is doing well in school. [ 13 ] The father was part of the child’s life, even if he is not legally recognized on his birth certificate. Nevertheless, the relation with his father faded after he stayed with him. The child refuses to explain what happened while he was living with him. Furthermore, he expresses his wish, to have no further contact with his father. [ 14 ] The mother is very involved with her son. It is remarkable to see her implication towards her son knowing she has four other children to take care of.

One of her children has health issues for which she had to be absent from home to attend her child’s treatments outside the area. [ 15 ] She manages to organize every event in her child’s life such as birthday party, Halloween, family gathering. Furthermore, she participated in each of her son’s activities. [ 16 ] The mother can put structure at home, but her son does not respect the rules and gets himself in trouble. [ 17 ] The child requires a structured environment to ensure his development; even if his mother can establish such a surrounding, he does not follow the rules at home.

For the time being, a group home is the best option for the child. He needs to be supervised in regards to schooling in order to achieve his goals. [ 18 ] Furthermore, the relationship between mother and son needs a little help to be able to re-establish the communication and to reconnect with each other, as previously. Moreover, the mother needs services to support her in order to put an end to the endangerment. In addition, to help her work out their issues and to demonstrate consistency in regards to her son. [ 19 ] The evidence demonstrates that the security and development of the child are in danger.

Under the circumstances and considering the admission and consent of the parties, the application is well founded. The suggested measures appear to be in the best interest of the child. FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 20 ] GRANTS the application for protection; [ 21 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the Youth protection act ; [ 22 ] ORDERS that the child be entrusted to a rehabilitation center designated by the DYP until May 30, 2017; [ 23 ] AUTHORIZES the child to benefit from progressive integration in his maternal home environment as of March1 st , 2017; [ 24 ] RECOMMENDS that the child benefits from psychological counseling to deal with his personal issues; [ 25 ] ORDERS that the child and his mother participate in external education services; [ 26 ] ORDERS that the child and his mother actively participate in the application of the measures ordered to put an end to the situation of endangerment; [ 27 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until May 30, 2017; [ 28 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the child Mrs. A the mother

Date of hearing: January 6, 2017 Written judgment filed on January 16, 2017