2016 QCCQ 18541, 2016 QCCQ 18541

Protection de la jeunesse — 169496 2016 QCCQ 18541 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] « Youth Division » N° : 525-41-031751-167 DATE : November 16, 2016 ______________________________________________________________________ PRESENT: THE HONOURABLE FRANÇOIS STE-MARIE, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on […], 2000 adolescent and A B parents ______________________________________________________________________ JUDGMENT

Section 38 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 November 16, 2016. [ 2 ] The Director of Youth Protection (the Director) alleges that the adolescent exhibits serious behavioural disturbances (not respecting his mother’s authority, being part of a street gang, consuming alcohol and drugs, running away). [ 3 ] On October 21, 2016, the Director invoked immediate protective measures and placed the adolescent in a rehabilitation centre. [ 4 ] On October 24, the Tribunal maintained the adolescent in a rehabilitation centre for a maximum period of thirty days. [ 5 ] The Director recommends that the adolescent remain in a rehabilitation centre for a period of nine months, with aid, counsel and assistance and other support measures for a period of one year. [ 6 ] The mother generally admits the facts presented in the motion and is in agreement with the plan proposed by the Director. [ 7 ] The adolescent admits most of the facts and would prefer to return to his mother’s care in December 2016.

Question in litigation [ 8 ] When should the adolescent’s placement end? Context [ 9 ] The adolescent has been diagnosed with Attention Deficit Hyperactivity Disorder; however he only started taking his prescribed medication recently. [ 10 ] From September 23 to October 11, 2016, the adolescent kept his whereabouts unknown from his mother. He left for A City to work on his music. He confirmed that he has stolen on several occasions and that he used drugs and alcohol while in A City.

The adolescent does not appear ready to follow his mother’s rules and to attend school. [ 11 ] The adolescent acknowledges his gang affiliation. He does not understand that his own decisions and behaviour may put him at serious risk in the community. He does not see why his parents should worry. He lacks self control and is driven by the search for immediate gratification. He acknowledges that he should have asked his mother’s permission to go to A City.

[ 12 ] Since he was placed, the adolescent had difficulty adjusting to the centre’s structure. On November 1, 2016, he was involved in an altercation with a peer. He mentions that it would be easier for him to work on his issues if he lived with his family. [ 13 ] Reached on the telephone by the youth protection worker, the father expressed his own concerns about the adolescent’s safety and behavioural issues. [ 14 ] The mother has valid grounds to be concerned with the adolescent’s safety and security. She reports that he is not respecting her house rules and curfew.

He is not accountable for the time he spent in the community. She is overwhelmed with this situation. She acknowledges her own responsibility and knows she needs to assert her parental authority. She is open and motivated to address these issues. [ 15 ] While testifying, the mother explained that the adolescent should not perceive the nine month placement as a punishment but as a way to help him stabilize who he is as a person and what he can accomplish. [ 16 ] The Tribunal agrees with the mother that change does not come overnight and that the adolescent is not yet ready to return to his mother’s care.

The adolescent will need to take several small steps in order to rebuild the necessary trust relationship with his mother. THEREFORE AND FOR THESE REASONS, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and the development of X are in danger (

section 38

f) of the Youth Protection Act ); [ 19 ] ORDERS that the adolescent be placed in a rehabilitation centre for a period of nine months; [ 20 ] RECOMMENDS that the family receive family counselling if appropriate; [ 21 ] RECOMMENDS that the adolescent receive treatment for his drug consumption; [ 22 ] ORDERS that a person working for a Child and Youth Protection Centre provide aid, counsel and assistance to the adolescent and his family; [ 23 ] THE WHOLE for a period of one year; [ 24 ] 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.

Signed on November 23, 2016 /cd Mtre Heidi Lechter Counsel for the Director of Youth Protection Mtre Richard Brunet Counsel for the adolescent Date of hearing: November 16, 2016