2022 QCCQ 11706, 2022 QCCQ 11706

Protection de la jeunesse — 226849 2022 QCCQ 11706 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF […] TOWN OF […] Youth Division No: 640-41-002700-216 DATE: November 7, 2022 ______________________________________________________________________ BY THE HONOURABLE MARC OUIMETTE, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker, duly authorized by the Director of Youth Protection A, working in […] Applicant and X, born on [...], 2006 Youth and A Mother and B Father ______________________________________________________________________ JUDGMENT ON AN APPLICATION FOR EXTENSION (Second paragraph of

section 95 Youth Protection Act , CQLR, c. P-34.1 ) ______________________________________________________________________ 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 9.2, 9.3 and 135 Y.P.A.). [ 1 ] The Director of Youth Protection under s. 95 of the Youth Protection Act [1] applied for the extension of a decision rendered on September 2, 2021, by Honourable Dominique Wilhelmy, J.C.Q. At that time, she declared that the security and development of X were in danger under

section 38(b)(1)(iii) - failing to provide the child with the appropriate supervision or support - and 38(f) - serious behavioural disturbances. [ 2 ] At the hearing, the mother was present by videoconference from Town A, but she was not assisted by counsel. When she was offered to consult one, she refused, because she wanted to finish the file the same day. The youth was also present by videoconference from Town B, however his lawyer was present in Court. The father was notified on August 18, 2022, while in detention in Town C. He had also been notified in November 2022, in Town A.

He signed the documents and, according the DYP worker, he did not want to show up in Court. He is not involved in his son’s life. On November 7, 2022, he was not in Court or represented by counsel. FACTS: [ 3 ] The father is not involved in the youth’s life. [ 4 ] The mother still displays alcohol consumption issues. The mother’s involvement in the youth’s life is irregular and her cooperation with Youth Protection is difficult. [ 5 ] Since the last Court hearing, the youth has remained in a rehabilitation centre.

He still displays problematic and dangerous behaviours, notably: i. physically assaulting the staff of the rehabilitation centre; ii. physically assaulting other teenagers; iii. displaying violent and destructive behaviours; iv. damaging the walls, windows and floors of the unit; v. displaying suicidal behaviours;

vi. choking himself; vii. making death threats to the staff of the rehabilitation centre; viii. displaying dissociative thoughts. [ 6 ] The intensity and frequency of these behaviours led him to be kept in the intensive supervision unit for the past few months. [ 7 ] Since April 2022, Youth Protection has been receiving weekly incident reports from the educators mentioning significant incidents of violence. [ 8 ] On or around July 7, 2022, the youth was brought to the hospital to be evaluated by a psychiatrist and was prescribed new antipsychotic medication.

However, the youth is refusing to take any medication to appease him. [ 9 ] The youth is currently displaying a fragile mental health state.

He is refusing to receive support and stopped attending his psychological therapy. [ 10 ] During the last measures, the youth had many scheduled visits with his grandfather and aunt but has lately started to sabotage this contact. [ 11 ] The youth was evaluated by Dr Ana Gomez-Carrillo Castro, child and adolescent psychiatrist: 15y o boy presenting complext trauma and attachment problems in context of complex psychosocial family situation and cumulative ALEs in addition to early exposure to multiple drugs (from age 6), no regular schooling and disorganised environment.

X is foremost a hunter, which honours and pains him given his current inability to go hunting. He has a very fragile sense of self and low self-esteem which in combination with the above contribute to his low emotional coping strategies, impulsivity, anger outbursts and oppositionality. He presents a perfectionistic/consciencious side, with a rigidity and need to be in control that corresponds to his developmental experiences and need for predictability. He present elements of PTSD as part of complex trauma including nightmares, dissociative states, hyperalertness and some form of numbness.

X has developed a tic-like DD R/O complex TIC of strangling himself, which become s more intense when he is anxious/emotional. This may be harming to underlying tissue structures. FASD deemed like1 His emotional neglect and cPTSD contribute to his limited ability to establish trusting relationships, his testing of relationships, his overattachement with infantile projection of wishes. Present problems with attention and focus, limited ability to emphatisize and relate consequences.

Limited linguistic skills. [Sic] [ 12 ] No issue was submitted to the Tribunal. [ 13 ] The parties submitted a plan to help the youth for the next years, before he reaches his majority.

FOR THESE REASONS, THE COURT: [ 14 ] GRANTS this application; [ 15 ] EXTENDS the decision rendered on September 2, 2021; [ 16 ] DECLARES that the security and development of X, born on [...], 2006, are still in danger; [ 17 ] ORDERS that the youth be entrusted to an institution operating a rehabilitation centre, chosen by the institution operating a child and youth protection centre; [ 18 ] ORDERS that the terms and frequency of contact between the youth and his parents be determined by the Director of Youth Protection; [ 19 ] ORDERS that the youth and the youth’s parents report in person, at regular intervals, to the Director of Youth Protection to inform him of the current situation; [ 20 ] ORDERS that the youth and the youth’s parents take an active

part in the application of any measures ordered by the Tribunal; [ 21 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the youth and the youth’s family; [ 22 ] ORDERS the police to cooperate in the execution of this judgment; [ 23 ] ENTRUSTS the situation of X to the Director of Youth Protection A who shall then see that the measures are carried out; [ 24 ] THE WHOLE until […], 2024.

__________________________________ MARC OUIMETTE, J.C.Q. Mtre Justine Carli-Trudeau Cain Lamarre, s.e.n.c.r.l. Counsel for the applicant Mtre Cassandra Neptune Centre communautaire juridique A Counsel for the youth Date of hearing: November 7, 2022