2018 QCCQ 19655, 2018 QCCQ 19655

Protection de la jeunesse — 1810969 2018 QCCQ 19655 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF [...] « Youth Court Division » N°: 525-41-032305-179 Date: December 5, 2018 PRESIDED BY: THE HONOURABLE TAYA DI PIETRO, Q.C.J. In the case of: X Born on [...], 2003 [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 December 5, 2018, in accordance with

section 90 of the Youth Protection Act [1] . [ 2 ] The Court was presented with an Application for revision of an order rendered by the undersigned, on May 23, 2018, whereby the now fifteen year-old adolescent, X , was entrusted to a rehabilitation center until August 23, 2018 with a possible reintegration to the care of his mother beginning on June 21, 2018 under certain conditions, with aid, counsel and assistance, for a period of one year. [ 3 ] The facts alleged in support of the application for revision dated October 4, 2018, are as follows: 3.1. in August 2018, the adolescent re-integrated into his mother’s care; 3.2. on September 13, 2018, the adolescent was arrested and charged for assault with a weapon, carrying a weapon, and two counts of harassment; 3.3. on September 26, 2018, the adolescent was arrested and charged for sexual assault, threats, and inappropriate sexual touching, regarding an incident that took place on September 6, 2018; 3.4. since his return home, the adolescent has not been accountable for his whereabouts in the community, and has not been respecting his curfew; 3.5. the adolescent has been stealing from his mother; 3.6. the mother and adolescent continue to have a conflictual relationship, which includes verbal aggression; 3.7. the mother is overwhelmed with the adolescent’s behavioral difficulties, and is unable to maintain him in her care; 3.8. on October 4, 2018, immediate protective measures were invoked, and the adolescent was placed in a rehabilitation center; 3.9. the father’s whereabouts are unknown (reproduced with errors and/or omissions).

[ 4 ] In light of the foregoing, the Director recommends that the adolescent remain entrusted to a rehabilitation center for a period of six months, with aid, counsel and assistance, as well as additional corrective measures, for a period of one year. [ 5 ] The mother, who chose to proceed without the assistance of legal counsel, admitted all the facts alleged in support of the application.

She also agreed to all the proposed measures, with the exception of participating in an anger management program for which she sees no need. [ 6 ] The father’s whereabouts remain unknown and the Court proceeded in his absence. [ 7 ] The adolescent, assisted by Me Fafard, admitted most of the alleged facts and did not oppose the recommended measures although he asked to be returned to his mother’s care within three months rather than six. [ 8 ] The Director filed Exhibits D-6 as evidence: D- 6 : Court Report, prepared by [social worker 1], dated November 27, 2018. [ 9 ] In

summary, the mother reluctantly acknowledges that her son needs the structure of a rehabilitation center. [ 10 ] Despite her great attachment and commitment to her son, she admits that he continues to place himself in dangerous situations and that despite their best intentions, the adolescent’s placement has become unavoidable to ensure his wellbeing. [ 11 ] Despite his many undertakings, the adolescent seems unable to respect his commitments. He is clearly articulate and appears well-intentioned and more needs to be done to better understand his needs.

The worker suspects a psychological component impacting the adolescent’s ability to effectively process information and recommends an assessment to gain more insight regarding the adolescent’s behavior. [ 12 ] As for the length of the adolescent’s placement, there is no evidence, given the longstanding issues since the Director of Youth Protection’s initial involvement, to expect that a period of placement shorter than six months could reasonably be sufficient. [ 13 ] The adolescent will need to show that he is capable of respecting his expressed intentions and behaving accordingly before he can be reintegrated to his mother’s care. [ 14 ] Continued efforts are also required to improve the mother and son dynamic, as previously recommended. [ 15 ] Under the circumstances, given the evidence, 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 placed in a rehabilitation center for a period of six months, with a possible integration to his mother’s care after three months, if the situation allows; [ 19 ] ORDERS that the frequency and modality of contacts between the adolescent and his mother be determined by agreement between the parties, and RECOMMENDS that contacts be encouraged; [ 20 ] ORDERS that the frequency and modality of contacts between the adolescent and his father be suspended until the father meets with the Director of Youth Protection a minimum of three times to assess his intention, motivation, and commitment to the adolescent, after which the frequency and modality of contacts will be determined by the Director, taking into consideration the best interest and wishes of the adolescent; [ 21 ] ORDERS that the adolescent receive all health care services required, more particularly that he benefit from a psychoeducational assessment, and RECOMMENDS that he follow the recommendations and benefit from therapeutic counselling; [ 22 ] STRONGLY RECOMMENDS that the family accept the services of an educator; [ 23 ] RECOMMENDS that the adolescent and his mother participate in a joint counselling program such as [program A]; [ 24 ] AUTHORIZES the Director of Youth Protection to exchange pertinent information with treating professionals working with the family regarding participation and attendance; [ 25 ] 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; [ 26 ] 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; [ 27 ] ORDERS the execution of the present judgment by any peace officer, if deemed necessary;

[ 28 ] THE WHOLE for a period of one year. Signed on December 19, 2018 TAYA DI PIETRO, Q.C.J. Me Angela Nevard Attorney for the Director of Youth Protection Me Alec Fafard Attorney for the child TD/vl