2015 QCCQ 15419, 2015 QCCQ 15419

Protection de la jeunesse — 158190 2015 QCCQ 15419 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 115-41-000071-159 DATE: September 15, 2015 ______________________________________________________________________ BY THE HONOURABLE JANICK POIRIER, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], authorized person by the DIRECTOR OF YOUTH PROTECTION Petitioner -and- X born on [...], 2001 Adolescent -and- A -and- B 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 ] On May 15 of this year, the Court declares that the security and development of the adolescent are in danger, because he presents serious behavioural disturbances.

Justice Paradis then orders that the adolescent remain with his parents and a follow-up take place for one year. [ 2 ] Unfortunately, the situation deteriorates shortly after and the previous judgment has to be revised by the court. [ 3 ] The director of youth protection (DYP) asks the Court to entrust the adolescent to a rehabilitation centre until the end of June 2016. [ 4 ] The adolescent’s situation requires more structure than what his parents or another family setting can provide. [ 5 ] The adolescent is only 14 year-old and his behaviour problems are very serious.

He drinks alcohol on a daily basis and takes cannabis often. He gets highly intoxicated. In July, the situation escalates and the parents have to bring the adolescent to the hospital on two occasions, because of his intoxication. On another occasion, the parents have to call the police in order to control their son who is drunk and aggressive. [ 6 ] Sometimes, the adolescent hears voices when is under the influence of alcohol or drugs. His mental health is at stake, since it could be linked to a partial psychotic outbreak, according to a psychiatrist. At the least, he is vulnerable to psychosis.

The risks increase when he drinks and takes drugs. Concussions and ADHD also play a role in the adolescent’s fragility. [ 7 ] The adolescent has no respect for his parents’ authority. He goes out and comes back whenever he chooses to. He does not comply with rules and shows aggressiveness. [ 8 ] The parents are overwhelmed with their son’s difficulties. They cannot cope with the situation anymore and are worried about their son’s health and security. At the end of July, helpless, the parents ask that their son be removed from home.

Despite their love and desire to protect him, they have no control over his behaviour. [ 9 ] The adolescent is then entrusted to a rehabilitation centre, where he remains on a provisional basis since that time. He is doing

well since his placement. [ 10 ] At the hearing, the adolescent admits his problems but wishes to go back home. [ 11 ] After thinking it over and discussing the situation, the parents agree that their son be entrusted to a rehabilitation centre. They were informed that he is most likely to be placed in the Montreal area, and are concerned about contacts and visitations.

They want to remain involved in their son’s life and see him as often as possible. [ 12 ] The parents are aware of the numerous issues the adolescent has to deal with, being impulsive, suffering from ADHA, mental heath fragility and drug and alcohol problems. They fear he would relapse and become psychotic. [ 13 ] The parents also have to undertake steps in order to be able to put on a structure around the adolescent. They still tend to minimize the situation in some ways, saying that most adolescents in their area have the same habits concerning alcohol and drugs and hanging out with older peers.

They also question the external educator’s competence in working with families like theirs. Nevertheless, they are committed to work with the DYP and other professionals, in the best interest of their son. [ 14 ] The evidence convinces the Court that the petition is well founded and the requested measures are necessary to protect the adolescent. WHEREFORE, THE COURT: [ 15 ] GRANTS the petition for revision and extension of order; [ 16 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the youth protection act ; [ 17 ] ORDERS that the adolescent be entrusted to a rehabilitation centre designated by the DYP until June 30, 2016; [ 18 ] ORDERS that the adolescent receive all medical and social services required by his situation, notably drug and alcohol counselling, a psychiatric follow-up and a neuropsychological assessment; [ 19 ] ACKNOWLEDGES the adolescent’s consent and AUTHORIZES the different professionals involved in his situation to communicate important information regarding the adolescent; [ 20 ] ORDERS that the adolescent and his parents receive services from an external educator; [ 21 ] ORDERS that the adolescent and his parents actively participate in the application of the ordered measures; [ 22 ] ORDERS that a person working for an establishment provide aid, counsels and assistance to the adolescent and his family until June 30, 2016; [ 23 ] 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 present judgment. __________________________________ JANICK POIRIER, J.C.Q.

Me Louyse A. Lemieux for the petitioner Me Sébastien Caron for the adolescent Mrs. A the mother

Mr. B the father Date of hearing: September 15, 2015 Written judgment filed on September 18, 2015