2018 QCCQ 19051, 2018 QCCQ 19051

Protection de la jeunesse — 1810196 2018 QCCQ 19051 COURT OF QUEBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] COMMUNITY OF [...] Youth Division No: 614-41-000376-188 DATE: November 28, 2018 ______________________________________________________________________ BY THE HONOURABLE DENYSE LEDUC, J.C.Q. ______________________________________________________________________ IN THE MATTER OF: X, born on [...], 2006 [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, [...] Applicant and A, [...] Mother and B, [...] Father ______________________________________________________________________ JUDGMENT (sections 38, 75 and 91 of the Youth Protection Act ) ______________________________________________________________________ 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 A (the Director) asks the Court to declare the security and development of X, 12 years old, in danger because of his serious behavioural problems (section 38

f) of the Youth Protection Act ). [ 2 ] At the hearing, the mother and the youth are present, assisted by Me Marie-Josée Ayoub and Me Yan Massé. Me Michel Grenier represents the father and Me Adelia Ferreira assists the applicant. [ 3 ] The parents admit most of the allegations and agree with the amended recommendations.

They accept that the youth be placed in a reception center for a period of six months and meanwhile, the youth will receive medical, specifically psychiatric and psychological evaluations. [ 4 ] The youth admits the allegations except the one related to the fact that he had bullied other children and agrees with the amended recommendations. [ 5 ] In support of the evidence, evaluations made at the Montreal Children’s Hospital in 2013 and 2015 are filed.

An observation report from the reception center and a revision report are also filed. [ 6 ] It is proved that in 2016, the youth’s situation was reported to the Director and that the mother moved to Town A, [Province A]. The youth situation was also reported in Town A. The youth was not attending school regularly there.

The mother moved back in her community, Town B and a new report was made in August 2018. [ 7 ] The parents are separated since the youth was of a young age and he lives mainly with the mother. [ 8 ] When the mother came back from Town A, at the end of the school period, she didn’t have a permanent home and she resides from home to home with relatives and friends. The father is not involved in the life of X. He has recently been released from prison. He has many personal issues.

He would like to have contact with his son but is not really aware of all his behaviour problems. [ 9 ] The youth consumes alcohol and marijuana. He does not attend school regularly. He threatened people at the store while he was carrying a knife. The police reported that he even tried to disarm a police officer. He bullies other children. He often uses inappropriate language with pears and adult and has aggressive behaviours. [ 10 ] The mother cannot provide structure and cannot control the youth’s behaviour.

He does not respect his mother’s authority. [ 11 ] The youth is placed in reception center since August 31 and while in placement, he continued to exhibit problematic behaviours

toward staff members. The childcare worker reported that he is very impatient, has difficulties to socialise, has problems controlling his aggressivity, to maintain his personal hygiene and to respect authority. [ 12 ] With the analysis of the evidence, the Court DECLARES the security and development of X in danger in regards to

section 38

f) of the Youth Protection Act . [ 13 ] On the applicable measures, the Court analyses all the reports filed and considers that a total medical evaluation, including a psychiatric and psychological evaluations, must be done urgently.

At the same time, informations will have to be provided to the mother to make her understand the necessity of medication for her son and to accept it. [ 14 ] The mother must be well informed of the consequences of a long term of her refusal of treatment for the youth and all the eventual disturbances he might be confronted with. [ 15 ] For now, with such problems, the youth must be housed in a rehabilitation center and be very closely followed to avoid the commission of offenses. The current intervention came at a critical moment in the development of the youth.

The Director and the parents have to know all the specific needs of X and the ways to provide him.

The Director must also evaluate if the mother is able on a long term basis to assume her son and control him in such way that the youth will actualize his potential. [ 16 ] As the mother, the father and the youth agree to collaborate with the measures; FOR THOSE MOTIVES, THE COURT: [ 17 ] GRANTS the motion; [ 18 ] DECLARES that the security and development of X, born on [...], 2006, are in danger; [ 19 ] ORDERS his placement in a reception center for a period of six months; [ 20 ] ORDERS that the youth receive as soon as possible a medical evaluation, including psychiatric, psychological and pediatrician evaluations; [ 21 ] ORDERS the mother to accompany the youth for the evaluations and be informed of all the diagnosis and all different ways to provide the specific needs; [ 22 ] ORDERS the youth and the mother to follow all the recommendations made by the treating professionals; [ 23 ] ORDERS the Director to evaluate the mother’s capacity to structure the youth (parental capacities); [ 24 ] ORDERS the Director to supervise the contacts between the mother and the youth as for the modalities, frequency and duration; [ 25 ] ORDERS the Director to provide aid, counsel and assistance to the youth and the parents for six months; [ 26 ] ORDERS the mother to seek services for her personal issues; [ 27 ] AUTHORIZES the Director to inform and to exchange information with the professionals and the service providers working with the family; [ 28 ] ORDERS the police to collaborate to the execution of the present judgment; [ 29 ] ENTRUSTS the situation of the youth to the Director who shall then see that the measures are carried out. __________________________________ DENYSE LEDUC, J.C.Q.

Me Yan Massé Attorney for the youth Me Adelia Ferreira Attorney for the applicant Me Marie-Josée Ayoub Attorney for the mother Me Michel Grenier Attorney for the father

Date of hearing: November 14, 2018