2017 QCCQ 20168, 2017 QCCQ 20168

Protection de la jeunesse — 1710544 2017 QCCQ 20168 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-0 31378-169 Date: November 30, 2017 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...] 2000 [SOCIAL WORKER 1] , duly authorized by the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A Applicant -and- A , the mother -and- B , the father The parents JUDGMENT Sections 95 and 95.1 of the Youth Protection Act (L.R.Q., C.

P-34.1 ) 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 ] JD2620 The Court hereby confirms and provides written reasons for a decision rendered verbally at the hearing of November 30, 2017, in accordance with the requirements of

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for extension of an order rendered by the undersigned, on December 12, 2016, whereby the now sixteen year-old adolescent, X , remained entrusted to his mother with an order that he attend school daily with aid, counsel and assistance, for a period of seven months. [ 3 ] The Court was also presented with a similar application regarding the adolescent’s brother whose situation is addressed in a separate judgment. [ 4 ] The facts alleged in support of the Application for extension dated May 18, 2017, are as follows: 3.1. since the court order, the adolescent has continued to attend “B” School where he participated in an internship placement as a cook and where he also works after school and on the weekends; 3.2. the adolescent has enrolled himself in driving courses, which he is paying for himself; 3.3. the adolescent has also met regularly with a child-care worker at the school on a weekly basis; 3.4. concerns remain in regards to the adolescent’s mental health as he has continued to express self-harming ideations; 3.5. on or around March 9, 2017, the adolescent consulted with a doctor, however he was not open at the time to receive therapeutic services; 3.6. in school, the adolescent has continued to work extra hard in order for him to be able to return to A School; 3.7. at home, continued conflicts exist between the adolescent and his sibling due to his sibling’s domineering behaviour; 3.8. the adolescent expresses frustration given the mother’s preferential treatment of his sibling;

3.9. at this time, given the ongoing concerns, continued involvement by Social Services is warranted (reproduced with errors and/or omissions). [ 5 ] In light of the foregoing, the Director recommends that the mother continue to collaborate with social services and that the adolescent be ordered to attend school regularly, with aid, counsel and assistance, as well as additional corrective measures, for a period of six months. [ 6 ] The mother, assisted by Me Brunet, made a general admission and consented to the proposed measures. [ 7 ] The father was absent at the hearing and his whereabouts are unknown.

Consequently, the Court proceeded in his absence. [ 8 ] The adolescent was represented by Me Plourde, who also made a general admission and consented to the proposed measures. [ 9 ] The Director filed Exhibits D-8 to D-10 as evidence: D-8: Court Report, prepared by [Social Worker 2], dated May 12, 2017; D-9: Addendum to Court Report, prepared by [Social Worker 1], dated August 23, 2017; D-10: Addendum, prepared by [Social Worker 1], dated November 24, 2017. [ 10 ] In

summary, the allegations in support of the application are generally admitted and the parties recognize the need for ongoing social services. [ 11 ] However, significant recent improvements are noted in the adolescent’s situation. [ 12 ] In the Addendum dated August 23, 2017, he was reported to be “a loner” who was struggling academically [2] . [ 13 ] The most recent addendum describes his progress: X has shown improvement in school. He attends everyday and performs well. X struggles in French and requested help from a French tutor to get better grades.

X is also working full time and continues to attend his driving lessons. [3] [ 14 ] Although conflicts between the adolescent and his brother have diminished, the mother continues to struggle to assert her authority and accepts the Director of Youth Protection’s support to ensure that the adolescent’s needs are met. [ 15 ] Under the circumstances, given the evidence and the consent expressed by each of the parties, the Court is satisfied that the application is well-founded and that the recommendations are in the adolescent's interest.

THEREFORE, THE COURT: [ 16 ] GRANTS the application; [ 17 ] DECLARES that the security and development of the adolescent, X , remain in danger under the Youth Protection Act ; AS FOR THE MEASURES, THE COURT DEEMS IT TO BE IN THE ADOLESCENT'S INTEREST TO ORDER THE FOLLOWING MEASURES: [ 18 ] ORDERS that the adolescent remain entrusted to his mother; [ 19 ] ORDERS that the mother collaborate with any service providers in an effort to encourage her son to attend school or participate in an educational program; [ 20 ] ORDERS that the adolescent attend school regularly unless justified by a medical note; [ 21 ] AUTHORIZES the Director of Youth Protection to exchange relevant information about the family with treating professionals; [ 22 ] ORDERS that the exercise of certain attributes of parental authority be withdrawn from the father and granted exclusively to the mother regarding any authorizations required for the adolescent with respect to schooling, extra-curricular activities, health care services and travel including a passport application; [ 23 ] ORDERS that a person working for the Centre intégré universitaire de santé et de services sociaux A provide aid, counsel and assistance to the adolescent and his family; [ 24 ] ENTRUSTS the situation of the adolescent, X , to the Director of Youth Protection of the Centre intégré universitaire de santé et de services sociaux A , who shall then see that the measures are carried out; [ 25 ] THE WHOLE for a period of six months.

Signed on December 7, 2017 TAYA DI PIETRO, Q.C.J. Me Dominique Douglas Attorney for the Director of Youth Protection Me Guylaine Plourde Attorney for the adolescent Me Richard Brunet Attorney for the mother Hearing dates: August 30 and November 30, 2017. TD/vl