2023 QCCQ 2552, 2023 QCCQ 2552
Opinion
Protection de la jeunesse — 23921 2023 QCCQ 2552 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] COMMUNITY OF […] Youth Division No: 640-41-002829-221 DATE: February 9, 2023 ______________________________________________________________________ PRESIDING: THE HONOURABLE RENÉE LEMOINE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1] , youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2008 Adolescent and A Mother and B Father ______________________________________________________________________ JUDGMENT ______________________________________________________________________ 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 of Youth Protection submits an application for protection concerning the adolescent X, born on [...], 2008. [ 2 ] The adolescent admits his serious behavioural issues and he is in agreement with the measures proposed in the orientation report. [ 3 ] The parents have been served with the application. They were not present at the hearing.
The applicant verified if they wanted to be present by going to their home, but nobody was there. [ 4 ] Essentially, the adolescent displays serious behavioural problems such as aggressive behaviour, alcohol abuse, suicidal ideation and verbalizations, and involvement in numerous offences under the Youth Criminal Act . [ 5 ] The parents are highly concerned by his behaviour. They are scared of him and do not want him back at the family home for the moment. They are overwhelmed by their son’s behaviour. [ 6 ] According to the clinical assessment, the adolescent has good social abilities.
He has experienced many frustrations and has unresolved traumas that will need to be addressed. He feels rejected by his family because they said they are overwhelmed. The family network needs to make efforts to restore the bond between themselves and the adolescent. [ 7 ] The Court declares the security and development of the adolescent to be in danger due to serious behavioural problems under
section 38(
f) of the Youth Protection Act . [ 8 ] In light of all the evidence, it is in the best interest of the adolescent to be entrusted to a rehabilitation centre. He needs a structured environment to be sufficiently stable to address his unsolved traumas. [ 9 ] The parents will have to accept the help of the DYP to support their son and offer him a stable and structured but also loving environment. FOR ALL THE ABOVE REASONS, THE COURT: [ 10 ] GRANTS the application;
[ 11 ] DECLARES that the security and development of X, born on [...], 2008, are in danger under
section 38(
f) of the Youth Protection Act; [ 12 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre chosen by the institution operating a child and youth protection centre; [ 13 ] ORDERS that the adolescent be gradually returned to the care of the parents as soon as the situation allows it; [ 14 ] ORDERS that the adolescent and the parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 15 ] ORDERS that the adolescent and the parents take an active
part in the application of any measures ordered by the Court; [ 16 ] ORDERS that the terms, frequency, and degree of supervision of contact between the adolescent and the parents be determined by the Director of Youth Protection; [ 17 ] ORDERS that aid, counselling, and assistance be provided to the adolescent and the adolescent’s family; [ 18 ] ORDERS the execution of the present judgment by any peace officer; [ 19 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out; [ 20 ] THE WHOLE until December 31, 2023.
Signed in Town A on March 15, 2023 __________________________________ RENÉE LEMOINE, J.C.Q. Mtre Mathas Czor For the adolescent Mtre Adèle Cyr For the applicant Date of hearing: February 9, 2023
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