2021 QCCQ 12964, 2021 QCCQ 12964

Protection de la jeunesse — 217180 2021 QCCQ 12964 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] Youth Division No: 614-41-000363-186 DATE: September 27, 2021 ______________________________________________________________________ BY THE HONOURABLE LUCILLE CHABOT, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] Youth Protection Worker, duly authorized by the Director of Youth Protection A Applicant And X, born on [...], 2008 Teenager And A Mother And B Father ______________________________________________________________________ JUDGMENT (Section 95 of the Youth Protection Act, ch.

P-34.1 CQLR ) ______________________________________________________________________ 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 submits an application asking the Court to extend a previous judgment rendered on April 20, 2021, ordering the placement of the youth in a rehabilitation centre for a period of 6 months with reintegration into the foster home of the paternal grandparents for the 6 following months including other supporting measures. [ 2 ] For the hearing, X was present for part of it and decided to leave before the end of the testimony of the first witness, the applicant.

He is represented by Mtre. Yan Massé. The mother is absent and she is not represented by a lawyer. She is currently detained at Institut A. The father is present and represented by Mtre. Marie-Michelle Grenier. Mtre.

Adelia Ferreira acts on behalf of the applicant. [ 3 ] Basically, the teenager, his father and the grandfather, who has been taking care of the teenager for a long period of time, are asking for a last chance and for X to be entrusted back to the grandparents’ place. [ 4 ] The grandfather acknowledges that his grandson was placed in a rehabilitation centre because his problematic behaviours escalated. In July, he left the group home without any authorization. When he was at his grandparents’ place for access rights, he did not follow the rules.

The adolescent did not respect the authority of his grandparents or the authority of his father; he was coming home late, not respecting the curfew. [ 5 ] He tried to discuss with X and warned him that if he continued to act like this, he would be transferred to the rehabilitation centre. [ 6 ] On September 7, the father and the grandparents had a meeting regarding the situation of X.

They all agreed that he should be sent back to the rehabilitation centre in [Community A], which was done the day after, on September 8. [ 7 ] School had started mid-August and X was already missing courses without any good reasons. [ 8 ] The youth’s cannabis consumption also worried the grandparents.

X does not acknowledge that he needs professional help. [ 9 ] As for the father, he still presents a problematic consumption of alcohol. [ 10 ] The grandfather is of the opinion that his grandson needs counselling to learn what’s wrong and what’s right. [ 11 ] The strong bond between the grandparents and X is undeniable. In spite of this bond, X does not respect the authority of the

adults at home, at the reception centre or in school. [ 12 ] For the time being, X needs to be in a structured environment. He needs professional help in order to learn to respect rules and authority. He has to go to school. His consumption of drugs is also worrisome. As soon as X demonstrates that he is able to abide by the rules and respect authority, a reintegration with his grandparents can begin. So, the duration of X’s stay in a reception centre in up to him because the Court will authorize a reintegration before the period of 60 days provided by the law.

FOR THESE MOTIVES, THE COURT: [ 13 ] GRANTS the application; [ 14 ] MAINTAINS that the security and development of X, born on [...], 2008, are still endangered; [ 15 ] ORDERS the placement of X in a rehabilitation centre for a period of 6 months with a reintegration with the grandparents as soon as the situation allows it; [ 16 ] ORDERS that following the 6-month placement in a rehabilitation centre, that X be placed in the foster family of his paternal grandparents for a period of 6 months; [ 17 ] ORDERS the youth to attend school on a regular basis; [ 18 ] ORDERS that any absence from school be denounced to the Director of Youth Protection within 24 hours; [ 19 ] ORDERS the youth to collaborate with the Director of Youth Protection and the professionals of the rehabilitation centre; [ 20 ] ORDERS that all services required by the adolescent be provided without delay; [ 21 ] ORDERS that psychological services be available for the youth and STRONGLY RECOMMENDS him to have a psychological follow-up; [ 22 ] ORDERS that access rights between X, his parents and his paternal grandparents be encouraged and supervised by the Director of Youth Protection as for modalities and frequency; [ 23 ] ORDERS that aid, counselling and assistance be provided to X, his parents and his grandparents for a period of one year; [ 24 ] ORDERS any peace officer to collaborate with the execution of the Court orders if requested to do so by the Director of Youth Protection or one of its representatives; [ 25 ] ENTRUSTS the situation of the youth to the Director of Youth Protection for the execution of the Court orders. __________________________________ LUCILLE CHABOT, J.C.Q.

Mtre. Adelia Ferreira Ferreira Lempicka Attorneys Lawyer for the applicant Mtre. Yan Massé Legal Aid Lawyer for the child Mtre. Marie-Michelle Grenier André Levasseur Avocats Lawyer for the father Date of hearing: September 27, 2021