2017 QCCQ 17184, 2017 QCCQ 17184

Protection de la jeunesse — 177668 2017 QCCQ 17184 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 640-41-002099-171 DATE: October 20, 2017 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2000 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in City A, district A Applicant and A, residing and domiciled in City A, district A Father ______________________________________________________________________ JUDGMENT (sections 38 and 91 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, 11.2.1 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection of the Inuulitsivil C.Y.P.C. asks the Court to declare the security and development of X, 17 years old, in danger because of his serious behavioural problem (section 38

f) of the Youth Protection Act ). [ 2 ] At the hearing the father, only living parent, is present and assisted by Me Angèle Tommasel.

The youth is present with his lawyer Me Cassandra Neptune and Me Aubrée Coutanson represents the applicant, Mr. [Social Worker 1]. [ 3 ] The father admits all the facts related in the motion and agrees with the recommendations included in the social study. [ 4 ] The youth admits most of the allegations and also agrees with the measures. [ 5 ] The social worker testifies and his social study is filed. [ 6 ] It is proved that the youth displays serious behavioural problems such as: sniffing gas, committing criminal activities such as stealing and break and entering, not respecting curfews. [ 7 ] Last May 8, 2017 the youth was arrested and suspected of breaking and entering with his older brother at the Coop Restaurant in City A.

The day after the father and his spouse disclosed that they caught him sniffing gas on many occasions. Also, they disclosed that X does what he wants and they do not know where he goes during the night. He does not respect their authority. [ 8 ] The father is overwhelmed by the behaviour of his son and wants him to receive re-education services urgently.

The family is receiving services from the social services since several years but the youth refuses their help. [ 9 ] The father and his spouse offer a good collaboration with the youth protection. [ 10 ] The social worker questions youth’s capacities to understand the seriousness of his problems. Some relatives have issues related to mental health.

Adding to this, the social worker declares that the youth didn’t benefit of the appropriate supervision from his father. [ 11 ] Considering the evidence, the parties’ agreement with the measures and the seriousness of the behaviour problems; THE COURT: [ 12 ] GRANTS the motion; [ 13 ] DECLARES that the security and development of X, born on [...], 2000 are in danger under

section 38

f) of the Youth Protection Act ;

[ 14 ] ORDERS his placement in a reception centre until [...], 2018 with possible reintegration with his father if the situation allows it; [ 15 ] ORDERS that the youth receive specific health care and health services he requires, including a psychological assessment and a complete medical evaluation; [ 16 ] RECOMMENDS that the youth attends a reception centre in Montreal for the duration of all the evaluations to insure that the D.Y.P. will have those reports in short delay and that he will provide all the services the youth might require; [ 17 ] ORDERS the D.Y.P. to provide aid, counsel and assistance to the youth and his father until [...], 2018; [ 18 ] ORDERS the police to cooperate in the execution of this order; [ 19 ] ENTRUSTS the situation of the youth to the D.Y.P. who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Cassandra Neptune Attorney for the youth Me Aubrée Coutanson Attorney for the applicant Me Angèle Tommasel Attorney for the father Date of hearing: August 16, 2017