2014 QCCQ 12705, 2014 QCCQ 12705

Protection de la jeunesse — 141786 2014 QCCQ 12705 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT […] LOCALITY […] Youth Court Division No: 760-41-004593-136 DATE: January 8, 2014 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1999 Adolescent DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 Parents ______________________________________________________________________

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 ] The Director of Youth Protection presents a motion for protection concerning X , born on […], 1999. [ 2 ] The motion alleges that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances.

In view of this determination, the Director recommends the application of protective measures for one year, including his transition from a hospital setting to his home environment. [ 3 ] The Director presents evidence to the effect that the father is absent from his son's life since his infancy and of unknown address.

The Court dispenses service and proceeds in his absence. [ 4 ] The mother and the adolescent consign their admissions to the Court file and agree with the conclusions sought. [ 5 ] ANALYSIS AND DECISION [ 6 ] The Director of Youth Protection evaluates the situation of the adolescent as of September 2013. [ 7 ] The adolescent resides with his mother and his older sister. The mother detains custody as well as exclusive legal rights in regards to schooling, medical and educational services.

The father has no involvement in his son's life. [ 8 ] The adolescent presents numerous health and behavioural issues. [ 9 ] Since the beginning of 2013, the adolescent isolates himself and refuses all services. He ceases to attend school on a regular basis and to see friends. He refuses to go to appointments with health care professionals (pediatrician, nutritionist, gastroenterologist). His time is mostly spent in his room. [ 10 ] The school authorities enlist the help of a liaison outreach worker to help X attend school.

Despite working with the adolescent for several months, she is only able to have X attend school for ten days. [ 11 ] For the last four years, the adolescent suffers from fecal incontinence. Intensive testing reveals no specific medical source to this problem, other than a small intestinal blockage. The doctor recommends that the adolescent take a powdered laxative on a daily basis, to be added to his juice. After several weeks, the adolescent refuses to consume the drinks prepared by his mother. [ 12 ] The adolescent also exhibits excessive behaviours, spending most of his nights on the computer or gaming.

As a result, he spends most of the day sleeping. [ 13 ] The relationship between X and his mother becomes increasingly conflictual, with the adolescent being intimidating and verbally abusive.

In November, he becomes distraught and physically violent towards his mother (throws his laptop), after she fails to buy him a video game card. [ 14 ] The mother is cognizant of her son's difficulties and is pro-active in seeking help to address the situation, particularly undertaking the following: • Services with Santé Mentale Jeunesse ; • Private psychologist; • Numerous appointments with medical professional in regards to her son's intestinal problems; • Cooperation with school authorities; [ 15 ] The evidence also shows that the mother daily incites her son to go to school, often at the price of her being late to work.

Overwhelmed by her son's behaviours, she cedes before his determined refusals. She welcomes any help permitting that her son return to functioning normally. [ 16 ] X minimizes his difficulties. As to why he doesn't attend school, he indicates being willing to go, but to being crippled by anxiety when its time to leave. He doesn't consider his gaming a problem. [ 17 ] The mother offers her full cooperation and agrees that her son requires professional medical assistance that she is unable to provide.

The Hospital A accepts to receive the adolescent on an emergency basis, but asks the prior resolution of his intestinal problems, and refers the adolescent to the Hospital B. [ 18 ] On November 28, 2013, the Director of Youth Protection presents a motion for provisional measures, seeking the hospitalization of the adolescent. The adolescent refuses to attend the hearing and threatens himself with a knife. The mother remains at the residence to accompany her son, but signals her agreement with her son's hospitalization to the caseworker.

After evaluating the evidence, the Court orders the immediate hospitalization of the adolescent. It takes several hours to ensure the execution of the order, as X refuses to leave. Paramedics and police intervene to coax him out of the house and bring him to the Hospital B.

[ 19 ] On December 6 th , X transfers to the Hospital A, where he remains until the date of the present hearing. [ 20 ] In this facility, X functions well. He follows the rules of the program without issue and participates in the therapy sessions. He attends school at the hospital, in view of eventually re-integrating him into his regular high school. [ 21 ] Logan opens up about his anxieties and recognizes requiring a structured environment with clear rules.

He feels misunderstood by his mother and suffers from long standing resentments regarding his father. [ 22 ] The mother testifies to the effect that her son's gastro-intestinal problems are now under control and that he is evolving well. She sees improvements in her son's behaviours during the visits and their communication is more serene. [ 23 ] X requires an environment that affords him structure and holds him accountable for his actions. To this end, the intervention is two-fold.

X must continue to cooperate in the various services put in place to help him deal with his emotional issues and, accept the rules leading him to a healthy and productive lifestyle.

The mother needs to be consistent as to her parenting skills and exercise her parental authority in an effective and consistent manner. [ 24 ] To this end, the Court considers that the intervention lead to the establishment of clear rules concerning routine, school attendance, as well as limitations on X's nocturnal activities (gaming, computer). [ 25 ] The progress of the situation and the parties compliance as to the numerous services put in place, justify that the adolescent return to his home environment. [ 26 ] After taking into consideration the admissions, as well as the testimonial and documentary evidence, the Court considers that the allegations in the proceeding are proven to its satisfaction and furthermore, give rise to the measures sought. [ 27 ] FOR THESE REASONS, THE COURT: [ 28 ] GRANTS the motion for protection; [ 29 ] DECLARES that the security and development of the adolescent are in danger due to a situation of a serious behavioural disturbances; [ 30 ] ORDERS that the adolescent be entrusted to a hospital center until January 13, 2014; [ 31 ] ORDERS that the adolescent be entrusted to his mother's care as of January 13, 2014; [ 32 ] ORDERS that the adolescent and his mother undertake an active

part in the application of the measures designed to put an end to the situation in which the security or development of the adolescent is in danger, namely that the adolescent attend the Hospital's A Day Care program until he can successfully integrate into a regular high school; [ 33 ] ORDERS that the adolescent receive specific health care and health services, namely that the adolescent participate in his therapy sessions at the Hospital A with his treatment team and continue a follow-up with his gastroenterologist at the Hospital B; [ 34 ] ORDERS that a person working for an institution or a body provides aid, counseling and assistance to the adolescent and his family for one year; [ 35 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection of the Centre Jeunesse A for the execution of the measures. __________________________________ BEATRICE CLEMENT, J.C.Q.

Me Mylène Francoeur Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: January 8, 2014