2018 QCCQ 6611, 2018 QCCQ 6611

Protection de la jeunesse — 18412 2018 QCCQ 6611 JM2505 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF […] N° : 505-41-008651-178 DATE : January 31, 2018 ______________________________________________________________________ PRESIDED BY : THE HONORABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A, Applicant -and- X , born on [...], 2002 Child -and- A Mother -and- B Father _______________________________________________________________________ J U D G M E N T Section 95(1) 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 11.2.1 and 135 Y.P.A .] [ 1 ] The Director of Youth Protection (the Director) presents an Application for Revision of a Court Decision rendered on August 22, 2017. [ 2 ] Following that decision, the Court ordered that the child be entrusted to an institution operating a rehabilitation center until December 23, 2017.

The Court also ordered that the child and his family receive aid, counselling and assistance for the same period and that the contacts between the child and his parents be following agreement between the parties. [ 3 ] Today, the Director recommends that the child be entrusted to his mother, until June 30, 2018 and that a person working for an institution or body provide aid, counselling or assistance to the child and his family.

[ 4 ] The parents and the child agree with the measures sought by the Director. [ 5 ] Until December 8, 2017, the child remained in a reception center. [ 6 ] The child continues to present at times behavior disturbance namely: drugs and alcohol consumption, violence, not respecting the authority and the curfew. [ 7 ] The mother had regular visits with her son. [ 8 ] During those contacts, some difficulties occurred: • On August 27, 2017, the mother contacted the Director to report that she could not find her son; • On September 8, 2017, the [Police A] called regarding the child who was at home and causing a disturbance.

The mother reported that the child was at the house with some friends. They were calm but had been drinking and smoking marijuana prior to being at her home; • The same night, the child tried sneaking out of the house and when the mother tried to intervene, he picked her up and put her against the door and hit her; The child was returned to the unit for the rest of the weekend; • On October 7, 2017, the mother reported that the child was out all night with other friends.

When she picked up the child in the morning, he was hungover; • On October 28, 2017, the child was arrested for vandalizing a vehicle at a local restaurant. [ 9 ] On December 8, 2017, the Court entrusted the child to an institution operating a rehabilitation center until Wednesday 20 th December and ordered at the said date that he be entrusted to his mother.

The child accepted to respect some rules namely: • Attend school on a regular basis; • Respect the curfew set by the mother and the Director and the authority; • No drugs and alcohol; • Continue to attend sessions with his addiction worker and attend any traditional longhouse ceremonies; [ 10 ] Since then, the situation at home is stable and quiet. No reports were made to the Director concerning the child’s behavior. [ 11 ] The school personnel are impress with the changes that the child had made. [ 12 ] He is motivated to return back to school and play in the hockey team.

He will also join the A Team. [ 13 ] The child shows motivation to attend his sessions with his addiction worker. [ 14 ] Concerning the family therapy, the mother and the child attend sessions weekly since the end of August. [ 15 ] The mother is more consistent in setting boundaries and expectations. She is trying her best to install more structure and consistency in the home and her son seems to be responding to it better. [ 16 ] The mother wishes that the father take an active role in the life of the child. [ 17 ] After the death of his friends in a car accident, the child has made a positive lifestyle change.

He really wants to focus now on schooling, and getting a job. [ 18 ] He spends more time at home with his family. [ 19 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations.

FOR THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and the development of the child X are still in danger; [ 22 ] ORDERS that the child be entrusted to his mother; [ 23 ] ORDERS that the contacts between the child and his father be upon agreement between the parties; [ 24 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 25 ] ORDERS that the child meet with his addictions response worker and follow her recommendations; [ 26 ] ORDERS that the child and his mother continue the family therapy and follow the recommendations; [ 27 ] RECOMMENDS that the mother continue individual services and follow the recommendations;

[ 28 ] ORDERS that the parents meet with the DYP on a regular scheduled basis to update their situation; [ 29 ] ENTRUSTS the situation of the child X to the Director of Youth Protection A for the execution of the measures ordered; [ 30 ] THE WHOLE until June 30, 2018. ________________________________ Lyne Morin , J.C.Q. M e Frédérique Dupuy Attorney for the Director M e Marie-Pierre Blouin Attorney for the child Hearing date: January 31, 2018 Signed judgment: February 9, 2018