2022 QCCQ 12716, 2022 QCCQ 12716
Opinion
Protection de la jeunesse — 227697 2022 QCCQ 12716 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 140-41-000651-206 DATE: December 6, 2022 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Petitioner and X born on [...], 2008 Child and A Mother ______________________________________________________________________ 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 and 9.3 and 135 Y.P.A.). [ 1 ] The director of youth protection (DYP) has been working with the child and his mother for the last few years. In June of 2022, the Court grants an application for extension of order. [ 2 ] The Court is now seized with an application for revision and extension of that last judgment. All parties chose to proceed by fast track under
section 95, 3 rd paragraph of the Youth Protection Act . They signed an agreement of non-attendance by the parties to an uncontested Court hearing. That document states their consent to the measures that appear on the application. [ 3 ] The child’s situation improves over time, but it remains fragile. [ 4 ] The child maintains a healthy lifestyle, not playing videogames excessively anymore and attending school more assiduously. [ 5 ] However, the child still struggles with anger issues. He defies his mother’s authority and lacks respect towards her.
Most of the time, he expressed his anger verbally, but he also punches in walls and doors. [ 6 ] The child has a hard time acknowledging his mother’s particularities and accepting that there are things she cannot do. [ 7 ] The child barely does any of the chores the mother asks him to do, and she must remind over and over, to no avail. [ 8 ] The child’s attitude is challenging for the mother. [ 9 ] The latter’s mental health is still fragile, but the mother has been stable for more than one year and she is involved in her therapy. [ 10 ] The mother still needs support in order to be able to enforce structure and rules to her son. [ 11 ] The family appears to be on the right path, but the situation still requires the application of protective measures. [ 12 ] The application is well founded and the recommended measures meet the child’s best interest.
WHEREFORE, THE COURT:
[ 13 ] GRANTS the application for revision and extension of order; [ 14 ] DECLARES that the security and development of X are still considered to be in danger according to sections 38(b)1 o iii and 38(b)2 o of the Youth Protection Act ; [ 15 ] ENTRUSTS the child to his mother; [ 16 ] ORDERS that the child receive specific health care and health services required by his state; [ 17 ] RECOMMENDS that the mother maintain her follow-ups regarding her personal difficulties; [ 18 ] ORDERS that the child and his mother benefit from external rehabilitation services, as long as deemed necessary by the DYP; [ 19 ] ORDERS that the child and his mother take an active
part in the application of any of the measures ordered; [ 20 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the child and his family until August 31, 2023; [ 21 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the judgment; [ 22 ] ORDERS that the parties concerned by this judgment comply with it. ______________________________________________ JANICK POIRIER, J.C.Q. Me Joanie Bujold for the petitioner Me Sonia Pinel for Me Mylène Murray for the child Ms. A the mother Written judgment filed on December 21, 2022
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