r v. A, 2015 QCCQ 20670

Protection de la jeunesse — 157937 2015 QCCQ 20670 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-004901-156 DATE: August 6, 2015 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 1999 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION OF LE CENTRE JEUNESSE A Petitioner v.

A 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 ] The Director of Youth Protection presents a motion for protection concerning X, born on [...], 1999, invoking that his security and development are in danger in reason of serious behavioural disturbances. In order to respond to his needs, the Director seeks the application of various protective measures for one year, including the adolescent’s entrustment in a rehabilitation center for 6 months. [ 2 ] Both parents offer their admissions and consent to the proposed orientation.

The adolescent agrees in view of his parents position, albeit reluctantly.

He cites his determination to quickly bring about the changes necessary to permit his return home, citing his specific intentions, particularly as to his drug consumption and cooperation with the intervention. [ 3 ] Analysis and decision [ 4 ] X deals with a complexity of mental health challenges which contribute to the behavioural issues compromising his security and development: ➢ Obsessive compulsive disorder ➢ Oppositional defiance disorder ➢ Attention deficit and hyperactivity disorder ➢ General anxiety [ 5 ] Since the last year and a half, the adolescent’s behaviours become increasingly problematic, including drug abuse, opposition, verbal and physical violence.

He is secretive concerning his whereabouts and leaves the family home for days on end without giving any news. As of February 2015, he drops out of school. [ 6 ] The parents are available and invested in their son.

Their efforts to structure X and put services in place are to little avail, before his resistance to participate and refusal to recognize any problem. [ 7 ] In the spring 2015, the Director of Youth Protection evaluates the adolescent’s situation in view of a report of serious behavioural disturbances. [ 8 ] The parent’s state having lost control of their son and that recognize his refusal to respect their parental authority. X denies any substantial problems saying that his parents are blowing the situation out of proportion. He further denies any drug problem.

[ 9 ] Repeatedly, conflicts ensue during which X is confrontational and manipulative and during which he can become violent towards his parents. A culminating event occurs on July 1 st during which he pushes his mother in the chest. The parents decide to press charges. Upon his arrest, X is found to have several grams of marijuana in his possession. Charged with two counts of assault, criminal harassment and drug possession, criminal proceedings are pending. [ 10 ] This incident also corresponds to X’s placement in a rehabilitation center, where he remains to the date of the present hearing.

In this setting, he shows introspection and is able to recognize the difficulties having led to his placement. Contacts with his family are generally positive and X’s parents declare being encouraged by the change. [ 11 ] An educator accompanies the parents with the view of providing tools to better intervene with their son, including establishing clear and coherent rules and consequences.

They understand the need to adapt their parenting methods to better respond to X’s needs for structure. [ 12 ] At the hearing, X testifies of his intentions to cooperate fully with the intervention in order to be able to return home as soon as possible. He is ready to work towards stemming his drug use, which he considers being the core issue of his behavioural difficulties.

He also wants to work on the relationship with his parents, which has been sorely put to task in the last months. [ 13 ] It is clear that X understands the reasons giving way to the need for protective measures as well as the changes in his behaviours awaited.

Notwithstanding, his motivations being presently essentially his return home, while remaining a good impetus for his initial participation in the measures, are insufficient to underlay integrated change and justify his continued in a neutral and structured environment remains necessary. [ 14 ] The evidence demonstrates that the security and the development of X are in danger in reason of his serious behavioural issues. The measures sought by the Director are an accurate reflection of his consequent needs and interests and furthermore, these receive the consent of the parties.

In view of this, the Court endorses the motion for protection. [ 15 ] FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the motion; [ 17 ] DECLARES that the security and the development of the adolescent are in danger in reason of serious behavioural disturbances; [ 18 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A for a period of six (6) months; [ 19 ] ORDERS that the parents report periodically to the Director of Youth Protection on their personal situation and the measures they apply to put an end to the situation of endangerment; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family for a period of one (1) year; [ 21 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered; [ 22 ] ORDERS that the adolescent receive certain health car and health services, namely regarding his drug consumption as well as his violence and mental health issues; [ 23 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Frédérique Dupuy Attorney for the Petitioner Me Karine P. Poissant Attorney for the adolescent Date of hearing: August 6, 2015