2014 QCCQ 7450, 2014 QCCQ 7450

Protection de la jeunesse — 14386 2014 QCCQ 7450 JC0B11 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY […] Youth Court Division No: 760-41-004346-121 DATE: February 10, 2014 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1997 Adolescent THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ CAUTION : The Youth Protection Act provides that within the framework of this Act, no person may publish or broadcast information allowing a child or the child's parents to be identified.

Whomsoever contravenes this

article is guilty of an offence and is liable to a fine [articles 11.2.1 and 135 Y.P.A.]. [ 1 ] The Director of Youth Protection presents an amended motion for revision and extension of a Court decision rendered on March 4, 2013, concerning the adolescent X. [ 2 ] The preceding order determines that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances, namely a long standing history of suicidal behaviours and self-mutilation.

The Court maintains the adolescent in her home environment, with various measures of aid and support for one year. [ 3 ] The Director alleges that the adolescent's evolution justifies the pursuit of protective measures for 6 months. [ 4 ] The parties present consign their admissions in the Court record and agree with the Director's recommendations. The father is

absent, the mother affirming his position as being identical to her own. [ 5 ] ANALYSIS AND DECISION [ 6 ] Since the last Court order, the adolescent's evolution is globally positive, although there are episodic instances of crisis, which punctuate her passage. [ 7 ] In April 2013, a suicide attempt results in the hospitalization of the adolescent, following which, she is considered at high risk and sent to a secure unit to control her behaviours and permit her time for reflection.

After a provisional placement of approximately three weeks, she returns home. [ 8 ] Until the end of the year, X shows improvement in her overall level of functioning. She integrates school in September, maintains her grades and expands her social circle. She secures part-time employment, and participates in extra-curricular sports activities.

She continues to have a regular follow-up with her psychiatrist and Mr. [Social worker 1], a A caseworker. [ 9 ] The parents continue to be conscientious as to their daughter's needs and participate positively with the various measures put forth. [ 10 ] In January, X meets with her psychiatrist and reveals having difficulties coping with her emotions as well as having dark thoughts. The parents resist her requests to go to the hospital, attempting techniques to calm her emotions. Notwithstanding these efforts, her behaviours worsen and her parents bring her to the emergency room on January 12 th .

An evaluation determines that she is high suicidal risk and at her request, the adolescent is sent to a secure protective unit, where she remains for approximately 10 days.

She returns home after an evaluation attests that her anxiety level is reduced and suicidal intentions are no longer present. [ 11 ] X relates that this recent episode results from an accumulation of anxiety stemming from her school environment, which became overwhelming and led to her loss of emotional control. [ 12 ] The parties agree to integrate the family in the adolescent's therapy, in order to improve communication and further equip them in means to address X's difficulties within her environment. The school authorities participate by adapting the adolescent's

schedule to better fit her needs and of improving communication with the parents to keep them regularly apprised of her situation. [ 13 ] Mr. [Social worker 1], the A caseworker accompanying the adolescent and her family, testifies to their remarkable resilience and to the encouraging progress, to which the last year attests. X remains psychologically fragile; a situation, which she and her family have come to realize, might be ongoing for an indeterminate period.

He underlines that the return to the reception center in January demonstrates X's capacity to recognize her suffering and seek constructive and non-destructive means of addressing her feelings. [ 14 ] A psychiatric update of the adolescent's situation, following an assessment of January 27 2014, further confirms: X was able to reflect up (sic) recent events concluding that a brief stay in the structured safe environments of the hospital and the group home with the concomitant emotional validation and support have allowed her to regain her sense of self-control over destructive impulses relatively quickly. (…) It was summarized that the recent episode should be regarded as an improvement in X's ability to cope with suicidal impulses.

She chose to share her intent and to seek help rather than acting in a self-destructive fashion as before. (Psychiatric Update, D-3, p.2) [ 15 ] X now demonstrates an accrued ability to recognize, accept and deal with her emotional instabilities, which results in her functioning positively for significant periods.

The remaining destructive behaviours (self-mutilation) are less intense. [ 16 ] In view of the admissions and the reports submitted in evidence, the Court is satisfied that the adolescent's best interests dictate an extension of protective measures to further shoulder the family in determining effective means of dealing with her fragilities and consequent behaviours. [ 17 ] FOR ALL THESE REASONS, THE COURT: [ 18 ] GRANTS the motion; [ 19 ] DECLARES that the security and development of the adolescent are still in danger; [ 20 ] MAINTAINS the adolescent with her parents; [ 21 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the adolescent and her family; [ 22 ] ORDERS that the adolescent and her parents participate actively to the measures; [ 23 ] ORDERS that the adolescent receives all the health services required by her situation, notably that she receives a psychiatric follow-up; [ 24 ] RECOMMANDS that the parents and the adolescent continue to receive the services of the A Group Home; [ 25 ] ALL THESE measures for 6 months; [ 26 ] 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 Marie La Roche Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: February 10, 2014