2022 QCCQ 13850, 2022 QCCQ 13850

Protection de la jeunesse — 224245 2022 QCCQ 13850 COURT OF QUEBEC « Youth Division » CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 540-41-005646-194 DATE : JUNE 29, 2022 ______________________________________________________________________ PRESIDING BY THE HONOURABLE LISA LEROUX, J.C.Q. [SOCIAL WORKER 1], Youth protection worker duly authorized by the Director of Youth Protection A, Applicant And X Born on [...], 2005 Child And A B Parents JUDGMENT Under

section 95 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 9.2, 9.3 and 135 Y.P.A.) [ 1 ] The Director submits to the Tribunal an application to extend the protective measures ordered on December 2, 2020 in the youth’s situation. [ 2 ] The youth and his mother ask that the file be closed and that the Director’s intervention be ended. [ 3 ] The father doesn’t cooperate with the Director.

He becomes involved in his son’s life when the mother calls him on it. [ 4 ] The youth will turn 18 on […], 2023. [ 5 ] The Director has been involved with the family since 2019 for the following reasons: ➢ Physical abuse by the mother; ➢ The youth’s serious behavioral problems;

➢ The psychological ill-treatment which refer to the reject from the mother. [ 6 ] Over time, the youth has been placed in alternative living environment (third party, foster home and rehabilitation center). [ 7 ] Despite the fact that the youth’s evolution in the rehabilitation center was not overly positive, the Director agreed to gradually return him with the mother in the fall 2021.

He has been with her permanently since the holidays of 2021. [ 8 ] This return is not without difficulties. [ 9 ] Mr. [social worker 1] considers that the relationship between the mother and the youth is still fragile. [ 10 ] The mother’s collaboration in the social follow-up is weak, but it has always been this way.

The times when she shows more openness to participate and share her the day to day life with the youth are short-lived. [ 11 ] According to Mr. [social worker 1], the youth uses drugs but refuses any follow-up at the Centre de réadaptation en dépendance A, just as he refuses to take medication for his ADHD and undergo psychological follow-up, even though it would be beneficial to him. [ 12 ] Mr. [social worker 1] is under the impression that the youth is doing his time at his mother’s house and that on his 18 th birthday, he will leave.

He therefore wants to continue to help and support him until then. [ 13 ] Several times in his testimony, Mr. [social worker 1] refers to youth’s great potential. [ 14 ] The mother testifies with emotion wanting the end of the Director’s intervention. She says that she has received enough services over the past years. She sees that the youth is improving: he works and he intends to go back to school. Whatever he needs, she will be there for him. [ 15 ] The youth adopts the same position as his mother. He does not feel the need to get more help from the Director.

He confirms that his short-term plans are to keep his job and go to adult school in September 2022. He denies the information that he will leave his mother’s home as soon as he will turn 18. He will do so when he is ready to live independently. He wants to achieve his goals on his own. [ 16 ] The Tribunal understands Mr. [social worker 1]’s desire to continue working with the youth (probably because he believes in him), and that it would be most appropriate for the youth to accept the range of services that the Director can make available for him until he reaches the age of majority.

However, it must be remembered that the Youth Protection Act is a law of exception.

Given the age of the adolescent, his testimony and the one of the mother, the Tribunal considers that the security and the development of the youth are no longer in danger. [ 17 ] Without saying that the youth’s situation is perfect, because it is far from it, the Tribunal believes that we are in one of those situations where the Director and the socialworker want more for the youth then is own family. [ 18 ] The Tribunal only hopes that, in a few years, the youth won’t regret not accepting the extra help that Mr. [Social Worker 1] wanted to give him which might have made a difference in his life. [ 19 ] THEREFORE AND FOR ALL THESE REASONS, THE TRIBUNAL : [ 20 ] DISMISSES the application; August 24 th, 2022 __________________________________ LISA LEROUX, J.C.Q.

This is the written and reasoned version of the oral judgment handed down on June 29, 2022 in accordance with

section 90 of the Youth Protection Act . Mtre. Sarah BRUTUS Counsel for the Directeur de la protection de la jeunesse

Mtre. Hugues FOUCHER Counsel for the child A Mother B Father LL/hl