2017 QCCQ 17432, 2017 QCCQ 17432

Protection de la jeunesse — 177843 2017 QCCQ 17432 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000522-166 DATE: October 4, 2017 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant and X born on […], 2003 Adolescent and A and B Parents/Defendants ______________________________________________________________________ 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 ] On October 26, 2016, the Court entrusts the youth to a rehabilitation center, where he already resided since the previous month.

He is to remain there a few more months and then be entrusted to a foster family. [ 2 ] The director of youth protection (DYP) now asks the Court to revise and extend that judgment. [ 3 ] The situation revealed by the evidence is the following. [ 4 ] During his stay in a rehabilitation center, the youth learns how to express his anger in an appropriate way and to have more control over his behaviour. [ 5 ] The youth integrates a foster family on a full time basis, on February 1. He complies with rules. However, he shows difficulties in coping with his emotions and needs constant support.

He also deals with issues in school and the foster family has to pick him up and bring him back home frequently. His behaviour leads to a suspension for the last three weeks of the school year. [ 6 ] In July, while he hangs out with other teenagers, the youth gets aggressive and highly disorganized. He is out of control, screaming, yelling and insulting people. The foster parents try to help him calm down, without success. At his request, the youth is brought to a rehabilitation center and spends five days there.

He then refuses to go back to his previous foster home and is entrusted to a new one. [ 7 ] Another crisis takes place shortly after. The foster family blames the youth for stealing, which he denies. She refuses to foster the adolescent anymore. [ 8 ] When he learns about it, the youth yells, utters insults and smashes a phone. Once again, he asks to go to unit A. After a few days, the youth states he wants to stay there longer because he is unstable. [ 9 ] The youth has been at the unit for two months, as a provisional measure. He also demonstrates issues with emotions and anger management there.

Outbursts still occur regularly, although less often after a couple of weeks. [ 10 ] Steps are undertaken for the youth to meet with a pediatrician and be evaluated by a child psychiatrist. The adolescent requires professional support on a daily basis.

[ 11 ] The mother and the adolescent have regular contacts, but there are still issues when they see each other. They are able to spend good moments together, but the mother is not able to offer her son the support he needs. [ 12 ] It is in the youth's best interest to remain in a rehabilitation center for several months. The application is well founded. WHEREFORE, THE COURT: [ 13 ] GRANTS the application for revision and extension of order; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 15 ] ORDERS that the adolescent be entrusted to a rehabilitation center designated by the DYP until June 30, 2018; [ 16 ] ORDERS that contacts between the adolescent and his parents are determined following agreement between the parties; [ 17 ] ORDERS that the adolescent and his family actively participate in the application of the measures ordered; [ 18 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until June 30, 2018; [ 19 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother Mr. B the father (absent) Written judgment filed on October 11, 2017