2021 QCCQ 15737, 2021 QCCQ 15737

Protection de la jeunesse — 219285 2021 QCCQ 15737 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] TOWN [...] Youth Division No: 760-41-006636-214 DATE: September 22, 2021 ______________________________________________________________________ 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 ______________________________________________________________________ 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 seeks a one year protection order as concerns the youth, in reason of his serious behavioral issues. Amid the measures, the Director recommends that the youth reside with his employer for the next six months. [ 2 ] The youth as well as his parents subscribe to the conclusions. [ 3 ] After considering the evidence, the Court also endorses the orientation sought by the Director. The following elements justify this decision.

Analysis and decision [ 4 ] In May 2021, the Director concludes to a need to intervene in the youth’s situation in regards to his behaviours and the concurrent inability of his family environment to curb these. [ 5 ] The youth has a strong personality since a young age. He presents intense behaviours and can be impulsive and oppositional.

He functions academically at a high level and appreciates physical activities. [ 6 ] Since the onset of the pandemic, the youth presents depressive symptoms and starts to isolate himself both at home and socially. [ 7 ] He becomes progressively more aggressive and disrespectful towards his family. He loses interest in school, starts skipping and eventually drops out. [ 8 ] The family dynamic degenerates.

Multiple police interventions occur in reason of conflicts or the youth leaving home. [ 9 ] Although the parents are collaborative and proactive, the youth fails to engage in the various measures and services his parents try to put in place. They question his mental state. [ 10 ] With the caseworker, the youth shows little openness to talking about his perceptions and needs. [ 11 ] The youth starts working on a farm and is observed to function well in this environment.

Considering the intensity of the situation, the parents decide to let him reside with his employer as of June. [ 12 ] Distanced from his family environment, all are better able to maintain balance and focus on the issues. An educator offers services and observes that the youth is progressively able to open up as to his situation. [ 13 ] The youth and his parents are ready to participate in the process towards reclaiming a healthy dynamic and mutual trust, with

the objective of his returning home. [ 14 ] The Court endorses the conclusions as being in the youth’s best interest and respecting the objectives of the law. FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the application for protection; [ 16 ] DECLARES the security and the development of the youth in danger for the following reason: • serious behavioural disturbance (article 38

f) Youth Protection Act ); [ 17 ] ENTRUSTS the youth to Mr. C for six months; [ 18 ] ORDERS that the contacts between the youth and his parents be following agreement between the parties; [ 19 ] ORDERS that the youth and his 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 to the situation in which his security or development is in danger; [ 20 ] ORDERS that the youth and his parents take an active

part in the application of the measures ordered; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and his family; [ 22 ] ALL THESE MEASURES for one year, save the placement order; [ 23 ] 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 Caterine Caron Attorney for the applicant Me Stéphanie Castagnier Attorney for the youth Date of hearing: September 22, 2021 Date of signature: November 5, 2021