2013 QCCQ 19376, 2013 QCCQ 19376

Protection de la jeunesse — 137889 2013 QCCQ 19376 COURT OF QUEBEC Canada PROVINCE OF QUEBEC DISTRICT OF [...] LOCALITY OF […] Youth Court Division No: 760-41-004555-135 DATE: October 25, 2013 ______________________________________________________________________ IN THE PRESENCE OF: THE HONOURABLE BEATRICE CLEMENT, J.C.Q. ______________________________________________________________________ X Born : […], 1997 Adolescent DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner -and- A -and- B JC0B11 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 a motion for protection concerning X, born on […], 1997. [ 2 ] The Director alleges that the security and the development of the adolescent are in danger as a result of his serious behavioural difficulties, which fail to respond to the efforts and structure of his family environment.

Amid various measures of aid and counsel for one year, the Director recommends the placement of the adolescent in a reception center until June 30, 2014. [ 3 ] The parties consign their admissions to the Court file and affirm their agreement to the orientation proposed. The adolescent underlines his wish to reintegrate a group home setting. [ 4 ] ANALYSIS AND DECISION [ 5 ] The Director initially evaluates the adolescent's situation in November 2012. [ 6 ] At that time, the adolescent resides with his parents and his younger brother.

The Director observes a family dynamic in crisis. [ 7 ] Particularly since the summer of 2011, X reacts with violence in conflictual situations, both physically and verbally. He uses various means to obtain advantages, namely triangulation and threats of suicide. Suicidal ideations justify his repeated hospitalization and police interventions. During 2012, his outbursts increase in frequency and intensity. [ 8 ] X composes with a myriad of diagnoses, namely ADHD, Pragmatic language Disorder and Disruptive Behaviour Disorder. As well, he suffers from significant allergies and epilepsy.

He expresses ongoing feelings of depression and isolation. [ 9 ] The family receives numerous services to address the situation. X is followed by the Hospital A for depression. In July 2012, he commences meetings with an occupational therapist, through Centre A . [ 10 ] In the school setting, the adolescent is the victim of bullying, which further exacerbates his distress. As of September 2012, he commences home schooling. [ 11 ] The parents seek support and services to assist their interventions with their son, but to no avail.

The persistence of their son's problematic behaviours is both overwhelming and frustrating, even causing discord. Notably, the parents can express opposing views as to the situation and the means necessary to address X's behaviours, resulting in arguments and additional disarray of the family unit. [ 12 ] On December 27, 2012, the parties sign an agreement on voluntary measures for a period of one year. They recognize that the adolescent exhibits serious behavioural difficulties, which endanger his security and development and require the application of protective measures.

Amid various measures of aid and counsel to the adolescent and his family, the parties agree to the placement of the adolescent in a reception center for 9 months. [ 13 ] In the milieu of the group home, the adolescent's behaviours show improvement, primarily: • He follows his treatment plan; • He communicates more effectively; • His anxiety diminishes; • He begins to understand and deal with his anger and impulse control; [ 14 ] The adolescent returns home on weekends, where he continues to exhibit rigid and impulsive behaviours. [ 15 ] At the end of the summer 2013, X insists on returning to a regular school setting, but is told that he will pursue his studies at the group home and this, considering his history and fragility.

This decision marks the resurgence of his oppositional dynamic and he exhibits a rapid succession of aggressive behaviours and suicidal ideations. Numerous hospitalizations and interventions are required. At the end of the month, X refuses to either eat or take his medication. He tries to choke himself with a necklace. [ 16 ] As of October 2 nd , the adolescent transfers to a highly structured unit, where he remains to this day.

He exhibits a rigid mind set, refusing to reflect on the reasons justifying his transfer from the group home, nor on the necessity to work on his anxiety and anger. [ 17 ] The parents actively participate with the intervention. They benefit from therapeutic meetings from the group home. Although they acknowledge the efforts and progress made by their son, they consider that the situation is not conducive to his return home at the present time. [ 18 ] The evolution of the adolescent's dynamic is an ongoing process.

At the group home, his efforts and implication result in a positive evolution of his behaviours, which alternately permits to accent his many qualities. Notwithstanding, the recent regression demonstrates that he continues to require a stable and structured environment in order to progress and, concurrently, ensure his safety.

[ 19 ] After considering the evidence, the Court concludes that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances. The Court endorses the recommendations of the Director of Youth Protection, which are the reflection of the adolescent's best interests, while concurrently receiving the approval of the parties. [ 20 ] FOR THESE REASONS, THE COURT: [ 21 ] GRANTS the motion for protection; [ 22 ] DECLARES that the security and development of the adolescent are in danger pursuant to

section 38 f), namely in reason of serious behavioural disturbances; [ 23 ] ORDERS that the adolescent be entrusted to a reception center until June 30, 2014; [ 24 ] ORDERS that a person working for an institution or body provide aid, counseling or assistance to the adolescent and his parents for one year; [ 25 ] ORDERS that the adolescent and his parents actively participate in the ordered measures; [ 26 ] ORDERS that the adolescent and his parents report to the Director as to their situation; [ 27 ] ORDERS that the contacts between the adolescent and his parents be upon agreement between the parties; [ 28 ] 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 Caterine Caron Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: October 25, 2013