2017 QCCQ 9691, 2017 QCCQ 9691

Protection de la jeunesse — 174041 2017 QCCQ 9691 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 145-41-000274-073 DATE: May 3, 2017 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2000 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 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 (DYP) asks the Court to revise and extend the order rendered on November 30, 2016, in respect of the adolescent. [ 2 ] At the hearing, the DYP makes some amendments to the conclusions of the application. [ 3 ] Concerning the father, the DYP was able to notify a copy of the application by registered mail to his attention.

Even though he was duly served, he is not present. [ 4 ] Regarding the mother, the DYP requested to be dispensed of the notification of the application since she is nowhere to be found. The DYP attempted to retrace her unsuccessfully. Moreover, they also use a specialized firm [1] to retrace her without any result. For these reasons and in the best interest of the adolescent, the hearing will proceed. [ 5 ] The adolescent is present and duly represented. He admits the facts and he consents to the amended measures suggested by the DYP.

He also agrees to the filing of the reports to value as testimony of their respective authors. [ 6 ] At the beginning of the measure ordered on November 30, 2016, the adolescent was on bad path. At that time, his placement in a rehabilitation center was necessary because he was putting himself in risky situations, such as running away and increasing his consumption of drugs and alcohol. [ 7 ] On December 3, 2016, he was transferred from [unit A]’s rehabilitation unit to the [unit B]. Since then, the youth made tremendous positive changes in his life.

His behaviour and is attitude improved drastically. [ 8 ] The adolescent is sixteen years old. He is diagnosed with an attention deficit disorder (ADHD), for which he takes medication. His treatment is well adjusted and is functioning. [ 9 ] He has a better attitude. He is now able to cope with his emotions and asks for help when required. He controls his patience more. In the past months, he gained a lot of confidence and self-esteem.

[ 10 ] His behaviour is exemplary. He listens but also participates within the activities offered in the unit. He is described as a polite and respectful youth. Furthermore, he is seen as a role model by his peers at the center. [ 11 ] Concerning his academics, he is attending school on a full-time basis and he is improving. He sets goals for his future and he is doing well in school. [ 12 ] He started to take responsibility for his actions. He wrote a letter apologizing to his grandmother for what he did on September 2016.

He also asked her personally for forgiveness. [ 13 ] Around the end of January 2017, he started visitation with his father. The youth is pleased with those contacts. [ 14 ] Moreover, his connection with his foster family, especially the mother is getting better to a point that they are willing to take him back into the family. Now, between them they have some communication. Furthermore, the youth shows being capable of making compromises. [ 15 ] Presently, the adolescent participates actively in a weekly, follow-up with an external educator and an addiction’s counselor.

He is still waiting for a psychological evaluation. He used marijuana a few times but he is working on resolving that issue to be completely abstinent. [ 16 ] Overall, the adolescent is doing well. He put himself in action in order to change his negative attitude and behaviour. He gained some maturity while residing at the [unit B]. The professional involved with him noticed a significant change in his conduct. [ 17 ] He definitely makes better choices for himself and in regards of other persons gravitating around him.

However he still needs help, guidance and support through professional services, in order to maintain his control of emotions that he acquired in the past months. [ 18 ] The evidence demonstrates that the security and development of the adolescent are still in danger. Under the circumstances, the application is well founded. The suggested measures appear to be in the best interest of this adolescent.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 19 ] DISPENSES the DYP to serve the application for revision and extension of order to the mother; [ 20 ] GRANTS the application for revision and extension of order; [ 21 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 22 ] REVISE AND EXTEND the court order rendered on November 30, 2016; [ 23 ] ORDERS that the adolescent be entrusted to a foster family designated by the Director of Youth Protection until [...],2018; [ 24 ] RECOMMENDS that the adolescent benefits from an external educator to learn coping and communication skills; [ 25 ] RECOMMENDS that the adolescent receive a psychological assessment and counselling if deemed necessary; [ 26 ] RECOMMENDS that the adolescent participate in an addiction assessment and counselling if deemed necessary; [ 27 ] ORDERS that the adolescent attend school regularly; [ 28 ] RECOMMENDS that the adolescent actively participate in the application of the measure intended to put an end to the situation of endangerment; [ 29 ] ORDERS that a person working for an establishment provides aid, counsel and assistance to the adolescent and his foster family until [...], 2018; [ 30 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q.

Me Mylène Pelletier-Rivet for the applicant Me Alexis Deschênes for the adolescent Mrs. A

the mother (absent) Mr. B the father (absent) Written judgment filed on May 9, 2017