2019 QCCQ 15190, 2019 QCCQ 15190

Protection de la jeunesse — 1911724 2019 QCCQ 15190 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT […] “Youth Division” N° : 640-41-001935-151 DATE : October 10, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2004 and A mother ______________________________________________________________________ JUDGMENT

Section 95 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a youth or the youth’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision render from the bench at the hearing held on October 10, 2019. [ 2 ] The court is seized of an application for revision presented by the Director of youth protection (DYP) of a decision rendered on October 2, 2018, requesting that the security and development of the youth be declared still in danger as expressed in the motion. [ 3 ] Consequently DYP asks the Court to order the placement of the youth in a rehabilitation center, as well as other measures to resolve the situation.

Question in litigation [ 4 ] Are the security and development of the youth still compromised? In the affirmati-ve, do the recommended measures answer his needs and are they in his best interest?

Context and Analysis [ 5 ] The mother and the youth are in agreement with the recommendations of the DYP. [ 6 ] The proof reveals that since the last court hearing, the situation remains the same. [ 7 ] X is a charming caring and energetic teenager, this is how the DYP’s worker describes him and the Court was able to confirm it. [ 8 ] He sadly associates with negative peers, and he fears being rejected by his parents although he loves them deeply. [ 9 ] The mother loves her son, she collaborates correctly with the DYP, and she improved her alcohol consumption, during the last years. [ 10 ] X have to consolidate his gains of learning to stay away from hanging around with the wrong children.

Recently he is going very well at the group home.

[ 11 ] Mother also have to use the help of the DYP to be able to maintain the rules and expectations. [ 12 ] A behavioural contract must be signed for X to respect the rules during home visits. [ 13 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the youth are still in danger and that the measures suggested meet his needs and deemed to be in his best interest.

THEREFORE AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the application; [ 15 ] DECLARES that the security and development of X are still compromised; [ 16 ] EXTENDS the decision rendered on October 2 nd , 2018; [ 17 ] ORDERS that X remain entrusted to an institution operating a rehabilitation center [ 18 ] ORDERS that the reintegration with his mother be as soon as the situation allows it; [ 19 ] TAKES judicial notice that the rehabilitation center will be in the community of Town A; [ 20 ] ORDERS that the youth and the youth’s mother take an active

part in the application of any of the measures ordered by the tribunal; [ 21 ] ORDERS that the contacts between the youth and the parents be determined by the Director of Youth Protection as to the modalities, the frequency and the degree of supervision; [ 22 ] TAKES judicial notice that there is one (1) sleepover per week is now permitted and that X has an everyday access to his mother; [ 23 ] ORDERS that the youth and the youth’s mother report in person, at regular intervals, to the Director to inform him of the current situation; [ 24 ] ORDERS that the mother remains sober in the presence of the youth; [ 25 ] ORDERS recommend that the mother seeks help through the Social Services or any others resources concerning her alcohol issues; [ 26 ] ORDERS DYP that the mother receive services information and support from DYP worker, external worker or group home worker, to improve her parental capacities to discipline a youth of 15 years of age; [ 27 ] ORDERS DYP that family therapy recommended by Dr.

Beltempo be put in place as soon as it is possible to do so; [ 28 ] ORDERS the mother and the youth to be transparent with the social worker DYP; [ 29 ] ORDERS a person working for an institution or body provide aid, counselling and assistance to the youth and his family; [ 30 ] ENTRUSTS the situation of the youth to the DYP who shall then see that the measures are carried out; THE WHOLE until October 31, 2020. ___________________________________ Dominique Wilhelmy, J.C.Q.

Signed on Mtre Karianne Asselin Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the youth Mtre Éliane Villemur Counsel for the mother