2017 QCCQ 20802, 2017 QCCQ 20802

Protection de la jeunesse — 1711163 2017 QCCQ 20802 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005372-175 DATE: September 18, 2017 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2003 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Applicant v.

A Parent ______________________________________________________________________ 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 11.2, 11.2.1 and 135 Y.P.A.). [ 1 ] Alleging a situation of serious behavioural disturbance, the Director of Youth Protection seeks the application of various protective measures in regards to X, including his placement in a rehabilitation center for 6 months. [ 2 ] The mother subscribes to the Director’s evaluation and orientation of her son’s situation.

Recognizing the situation of endangerment, the adolescent contests request for placement, submitting his capacity to return in his family environment in one month. [ 3 ] Analysis and decision [ 4 ] The adolescent lives in his maternal environment. For the last year, his behaviours become increasingly more difficult. He is defiant, rejects authority and disrespects rules at home as well as at school. Despite his mother’s efforts to maintain adequate structure for her son, this situation intensifies.

Drug consumption, leaving without permission and violent behaviours add to an already problematic dynamic. [ 5 ] There is little functional communication between the adolescent and his mother. The dysfunctional family dynamic results in recurring conflicts, which progressively intensify. Repeated police interventions are necessary in relation to the X’s behaviours. [ 6 ] On June 15, 2017, the Director retains a report in regards the adolescent’s serious behavioural disturbances. [ 7 ] To the caseworker, the mother admits being overwhelmed by her son’s behaviours.

X, on the other hand, questions the need for an intervention and offers little cooperation nor insight on his dynamic. [ 8 ] A psychological assessment concludes that X presents an attention deficit disorder, which leads him to be inattentive, disorganised and forgetful. His language skills are weak, although he has academic potential. [ 9 ] On August 18, the police intervene in reason of X’s aggressive response to his mother applying a consequence when he fails to respect his curfew. X refuses to cooperate with the authorities and continues to be oppositional.

An immediate protective measure places him in a rehabilitation center. [ 10 ] X returns home after three days. A homebound educator accompanies the family and an agreement intervenes as to rules and consequences to respect. [ 11 ] This intervention has little impact and the situation continues to degenerate.

[ 12 ] On August 29, an emergency order returns the adolescent to placement in reason of another altercation in the family home. X remains in placement to this day. [ 13 ] No contacts occur in the family environment, as these remain emotionally charged for both X and his mother. A continued contentious issue between them is X’s schooling, moreover his mother’s taking steps for him to attend a different school more appropriate for his learning challenges. [ 14 ] At the hearing, the parties agree that the adolescent file a written letter which he prepares to supplement his testimony.

While recognizing the difficult dynamic at home and his role in such, he declares being ready to work towards establishing better communication with his mother and respecting reasonable structure.

He considers that it is possible to make sufficient change in the next weeks to permit his return home. [ 15 ] After considering the evidence, the Court determines a situation of endangerment stemming from the adolescent’s serious behavioural disturbances, which are recurrent and largely impervious to the mother’s efforts to apply structure. [ 16 ] As to the protective measures to be put in place to respond to the situation of endangerment, the Court endorses the Director’s position. [ 17 ] Although the objective of the intervention is X’s return to his family environment, numerous challenges remain before such a transition can occur.

Namely, both X and his mother need to be able to deal in a serene and efficient manner to his emotional challenges, as well as improve their communication. [ 18 ] X’s perceptions of his situation demonstrate a lack of introspection which the Court considers as a continued impediment to the application of measures.

This, and the continued contentions which are ongoing between him and his mother (rules, school), justify the measures requested, including the placement for the next six months. [ 19 ] FOR ALL THESE REASONS, THE COURT: [ 20 ] GRANTS the application; [ 21 ] DECLARES that the security and development of the adolescent are in danger for the reason of serious behavioural disturbance; [ 22 ] ENTRUSTS the adolescent to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A for 6 months; [ 23 ] AUTHORIZES the reintegration of the adolescent in his family environment in the last 60 days of the placement order should the parties agree to such and the situation permit it; [ 24 ] ORDERS that the contacts between the adolescent and his mother be following mutual agreement between the parties; [ 25 ] ORDERS that the mother report periodically to the Director of Youth Protection on the measures she applies in her own regard or in her child’s regard to put an end at the situation in which the security or development of the adolescent is in danger; [ 26 ] ORDERS that the adolescent and his mother take an active

part in the application of the measures ordered; [ 27 ] RECOMMENDS that the adolescent participate to a psychological follow-up for as long as deem necessary; [ 28 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 29 ] ALL THESE MEASURES , save for the placement order, for one year; [ 30 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Anne Catherine Bujold Attorney for the Applicant Me Karine P. Poissant Attorney for the adolescent Date of hearing: September 18, 2017