2020 QCCQ 13543, 2020 QCCQ 13543

Protection de la jeunesse — 202078 2020 QCCQ 13543 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] “Youth Division” No: 525-41-035361-195 DATE: March 11, 2020 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...] adolescent and A B parents ______________________________________________________________________ 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 child or the child’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.). [ 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 rendered from the bench at the hearing held on March 11, 2020. [ 2 ] The Director of Youth Protection (the Director) alleges that it is necessary to extend the order rendered on June 4, 2019. [ 3 ] Today, the Director recommends that the adolescent remains entrusted to a rehabilitation centre for a period of four months; that he be allowed to integrate the proximity foster home of Mr.

C as of June 10, 2020 and that support measures be ordered for a period of nine months. [ 4 ] The father was duly notified but was not present in Court. [ 5 ] The mother is agreeing with the Director’s plan. She also agrees for her son to be integrated with the maternal grandfather as soon as possible. [ 6 ] The adolescent wishes to integrate his grandfather as soon as possible, even now.

Questions in litigation [ 7 ] Are the proposed measures in the adolescent’s best interest and are they respecting his rights? [ 8 ] Is it possible to integrate the adolescent into his maternal grandfather’s care as early as today? Context and Analysis [ 9 ] On July 16 2019, the adolescent ran away from the rehabilitation centre. On September 18, 2019, the adolescent turned himself to the authorities. [ 10 ] On October 30, 2019, the adolescent received a sentence of six months of closed custody in relation with several infractions, including robbery and breach of conditions.

The adolescent has been placed at the Unit A. While in the unit, the adolescent participated

in several programs (anger replacement, anger management, social skills). He also received therapeutic services from a psychologist. [ 11 ] The parents are not in a position where they’re able to resume the adolescent’s care. The father had no contact with his son and the mother had minimal contact with him. [ 12 ] Mr. C, the adolescent’s maternal grandfather, is presently being assessed as a potential resource for the adolescent. Both parents are in agreement with the plan for their son to reside with his grandfather. [ 13 ] The adolescent visited his grandfather’s place and the visits went well.

The Youth Protection worker acknowledges that Mr. C is ready and able to care for the adolescent. [ 14 ] The Director’s recommendation is definitely prudent. Nonetheless, it is possible to entrust the adolescent to his maternal grandfather’s care as of today. THEREFORE AND FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application for extension; [ 16 ] DECLARES that the security or the development of the adolescent is still endangered; [ 17 ] EXTENDS and REVISES the order rendered on June 4, 2019; [ 18 ] ORDERS that the adolescent be entrusted to the care of Mr.

C, his maternal grandfather; [ 19 ] TAKES JUDICIAL NOTICE that Mr.

C is being assessed as a potential proximity foster home for the adolescent; [ 20 ] ORDERS that frequency and modalities of contacts between the adolescent and his parents be determined by agreement by all parties; [ 21 ] RECOMMENDS that the adolescent receive therapeutic services (including anger management, psychological follow-up and substance abuse) and that he follow any recommendations made by the treating professionals; [ 22 ] AUTHORIZES the Director of Youth Protection to receive information from the treating professionals working with the family regarding attendance and motivation; [ 23 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 24 ] THE WHOLE for a period of nine months; [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection, who shall then see that the measures are carried out. ___________________________________ François Ste-Marie, J.C.Q.

Written and signed on /cd Mtre Dominique Douglas Counsel for the Director of Youth Protection Mtre Younes Ameur Counsel for the adolescent Date of hearing: March 11, 2020