2019 QCCQ 15161, 2019 QCCQ 15161

Protection de la jeunesse — 1911751 2019 QCCQ 15161 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT [...] “Youth Division” N° : 640-41-002370-192 DATE : October 8, 2019 ______________________________________________________________________ PRESENT: THE HONOURABLE DOMINIQUE WILHELMY, J.C.Q. ______________________________________________________________________ DIRECTOR OF YOUTH PROTECTION and X Born on [...] 2004 and A mother ______________________________________________________________________ JUDGMENT

Section 38 of the Youth Protection Act (R.S.Q. c. P-34.1 ) ______________________________________________________________________ Warning : The Youth Protection Act prohibits the publication or broadcast of information allowing a child or the child’s parents to be identified. Every person who contravenes this provision is liable to a fine (sections 11.2, 11.2.1 and 135 Y.P.A.). Introduction [ 1 ] In accordance with the requirements of

section 90 of the Youth Protection Act , the Court hereby confirms and gives the reasons for the decision rendered from the bench at the hearing held on October 8, 2019. [ 2 ] The court is seized of an application presented by the Director of youth protection (DYP) requesting that the security and development of the child be declared in danger according to

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f) of the Youth Protection Act , for serious behavioural disturbances, as expressed in the motion. [ 3 ] Consequently DYP asks the Court to entrust the youth in a rehabilitation center, as well as other measures to resolve the situation. [ 4 ] The mother admits almost all the allegations of the motion and agrees with the recommendations. Question in litigation [ 5 ] Are the security and development of the youth compromised? In the affirmative, do the recommended measures answer his needs and are they in his best interest?

Context and Analysis [ 6 ] The proof reveals that the police had to intervene as the youth was aggressive towards his mother. The mother is overwhelmed and scared of the youth. [ 7 ] X was placed in a rehabilitation center in April and the short time he stayed in the center made him experienced a framed structure but it seems insufficient to work on his severe behavioural disorders.

He also uses drugs on a regular basis. [ 8 ] Considering the situation, it is clear that the youth should remain in a center to work on his anger issues as well as his drug abuse that led him to “force his mother to cook for him in order to sell the food. It also took him to rob a municipal garage and a shack

and then made him sequester his mother” [1] [ 9 ] After taking into consideration the documentary evidence, the testimonies and the position of the parties, the Court finds that the evidence is sufficient to declare that security and development of the child are in danger and that the measures suggested meet his needs and deemed to be in his best interest. THEREFORE AND FOR THESE REASONS, THE COURT: [ 10 ] GRANTS the application; [ 11 ] DECLARES that the security and development of the X are compromised under

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f) of the Youth Protection Act ; [ 12 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a youth and youth protection centre, with possible reintegration with the mother when and if the situation allows it; [ 13 ] RECOMMENDS that the youth be placed in a rehabilitation centre up North, when and if the situation allows it; [ 14 ] ORDERS that the youth and his mother take an active

part in the application of any of the measures ordered today; [ 15 ] ORDERS that the youth and the youth’s mother report in person, at regular intervals, to the director to inform him of the current situation; [ 16 ] ORDERS that the youth attend a school or another place of learning or participates in a program geared to developing skills and autonomy; [ 17 ] ORDERS that the mother seeks help through the Social Services concerning her parental capacities; [ 18 ] ORDERS that the contacts between the youth, the mother and his little sister, be determined by the director as for the modalities, the frequency and the degree of supervision and that they be favoured; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 20 ] ENTRUSTS the situation of the youth to the DYP who shall then see that the measures are carried out; [ 21 ] ORDERS the execution of the present decision by any peace officer.

THE WHOLE, until October 30, 2020 ___________________________________ Dominique Wilhelmy, J.C.Q. Signed on Mtre Robert André Adam Counsel for the Director of Youth Protection Mtre Laurence Migué Counsel for the YOUTH Mtre Angèle Tommasel Counsel for the mother