r v. A, 2016 QCCQ 17817

Protection de la jeunesse — 168731 2016 QCCQ 17817 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005221-166 DATE: November 8, 2016 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2000 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 an application for protection in regards to X, born on [...], 2000, alleging a situation of endangerment resulting from educational neglect and serious behavioural disturbance. [ 2 ] The Director requests the application of protective measures for one year, including entrusting the adolescent in a foster family. [ 3 ] Both the adolescent and his parents subscribe to the Director’s evaluation and orientation of the situation. [ 4 ] Analysis and decision [ 5 ] On August 23, 2016, the Director retains a situation of serious behavioural disturbance and educational neglect as to the adolescent. [ 6 ] X resides with his mother and three siblings. [1] Until March 2016, he sees his father on a regular basis, generally every two weeks.

Since that time have been no visits, the father being incarcerated in reason of sexual interference with a minor. His prison sentence is to end in April 2017. [2] X is diagnosed with a moderate intellectual disability and ADHD. He often refuses to take his prescribed medication and the mother indicates having no means of ensuring that he do so. [3] X’s behaviours issues challenge his various environments. Namely, the evidence demonstrates the following: • Opposition; • Refusal to respect authority; • Physical and verbal violence; • Impulsiveness; • Delinquency; • Inappropriate sexual behaviours;

[4] The family receives services from the Director from 2013 to 2015. [5] On March 2014, the Court declares that the security and the development of the four children are in danger in reason of serious risk of sexual abuse (father) and additionally, for X and Y, for educational neglect and serious behavioral disturbance. While entrusting the children to their mother, the Court orders the application of various measures of protection for one year. [6] Multiple other services are put in place in recent years to shoulder the family.

Specifically as to X, interventions occur with the objective of ensuring a stable routine and an appropriate educational response to his behaviours. [ 7 ] The maternal environment is chronically overwhelmed. Boundaries are fluid and there is little routine. The living quarters are cluttered. Conflicts are recurrent. [ 8 ] The mother is inconsistent in her implication as well as her application of the advice offered, resulting in these services having little effective impact.

She admits being overwhelmed by her son’s behaviours and to being unable to identify his needs. [ 9 ] The adolescent’s delays and behavioural issues also affect his academic performance. He functions on an elementary school level. Despite ongoing interventions, he continues to be disrespectful of his peers and school personnel, refuses to attend classes and is unresponsive to authority. Disciplinary measures are put in place on a repeated basis, without tangible result. [ 10 ] X presents complex needs which require an environment offering stability, boundaries and consistency.

Despite the myriad of services offered, the family chronically struggles with these issues, resulting in X’s behaviours spiralling out of control and being fundamentally non-functional. [ 11 ] After considering the evidence, the Court concludes that the security and the development of the adolescent are in danger in reason of educational neglect and serious behavioral disturbances. [ 12 ] The Court endorses the measures suggested by the Director of Youth Protection, which are the reflection of the adolescent's best interest, while concurrently receiving the approval of the parties. [ 13 ] The objectives of the intervention are two-fold.

X must learn to control his impulsivity, respect rules and boundaries. To do so, a neutral and specialized environment is required to accompany the adolescent in these changes. Concurrently, the parents must work towards ensuring an environment which ensures and promotes their son’s positive functioning. [ 14 ] Considering X’s particular needs, he presently resides in a foster family which is an appreciable distance from his family environment. The parties recognize the importance of facilitating the contacts by accommodating the transport.

They remain confident of being able to find means of ensuring beneficial contacts between X and his family. [ 15 ] FOR ALL THESE REASONS, THE COURT: [ 16 ] GRANTS the application for protection; [ 17 ] DECLARES that the security and development of the adolescent are in danger for the reasons of neglect on educational level and serious behavioural disturbance; [ 18 ] ORDERS that the adolescent be entrusted to a foster family chosen by the Director of Youth Protection A; [ 19 ] ORDERS that the contacts between the adolescent and his parents be following agreement between the parties; [ 20 ] ORDERS that the parents report periodically to the Director of Youth Protection on the measures they apply in their own regard or their child's regard to put an end at the situation in which the security or development of the adolescent is in danger; [ 21 ] ORDERS that the adolescent and his parents take an active

part in the application of the measures ordered; [ 22 ] ORDERS that a person working for an institution or a body provides aid, counselling and assistance to the adolescent and his family; [ 23 ] ALL THESE MEASURES for one year; [ 24 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the measures. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry-Staub Attorney for the Petitioner Me Johanne Leduc Attorney for the mother Me Michel Robert Attorney for the father

Me Maryse Fournier Attorney for the adolescent Date of hearing: November 8, 2016