2017 QCCQ 20461, 2017 QCCQ 20461

Protection de la jeunesse — 1710894 2017 QCCQ 20461 JA1021 COURT OF QUÉBEC Youth Division CANADA PROVINCE OF QUEBEC DISTRICT [...] LOCALITY […] N °: 505-41-008615-173 DATE: November 29, 2017 ______________________________________________________________________ PRESIDED BY JUDGE JEAN-PIERRE AUTHIER, J.C.Q. ______________________________________________________________________ [Social Worker 1], youth protection worker duly authorized by the Director of Youth Protection A (the Director) Applicant -and- X (X) , born on […], 2002 Child-respondent -and- A Mother-Respondent -and- B Father-Respondent ______________________________________________________________________ J U D G M E N T

Section 95 of the Youth Protection Act ______________________________________________________________________ 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 11.2.1 and 135 Y.P.A .] [ 1 ] This judgment confirms and reasons the order rendered on November 29, 2017. [ 2 ] The Director of Youth Protection alleges that the security and development of the 15-year-old child are still in danger.

The child was born a female and identifies himself as a male. He was diagnosed with severe anxiety, panic disorder and depression. He was found self-harming and has suicidal ideation. He is not regular with his medication. [ 3 ] The child was entrusted to a rehabilitation on May 16, 2017. A plan to reintegrate the child with his mother in the Fall of 2017 was put in place. Unfortunately, this did not work out. The child, again, started skipping school.

Mother and step-father also indicated having grown frustrated with the child’s behavioural issues of uncontrollable crying and opposition towards the home rules. [ 4 ] The mother expressed to the Director that the child was not ready to reintegrate her home and requested that the child be returned to a reception center. She has two other young children at home. [ 5 ] The Court was then seized with the child’s situation on October 16, 2017, and the latter was ordered to return to a reception

center. [ 6 ] Although the child is filled with goodwill and is wishing to address his mental health issues, he is unable at times to take accountability for his behaviours and tends to put the blame on others. [ 7 ] The mother is very supportive to her child and is always present to all meetings or medical appointments.

She verbalized that her and the step-father being ready to participate to meetings to learn on how to deal with the child’s latest diagnosis of emerging Borderline Personality Traits. [ 8 ] It is reported that amongst all the child’s spheres of life, the issue of his anxiety is the most overwhelming factor of risk. The lack of willingness to receive professional help is also to be considered. [ 9 ] However, it was recently noted a shred of an opening from the child to address his issues.

He is agreeing and looking forward to family meetings with the ultimate goal to reintegrate his mother’s home. [ 10 ] The child’s participation to a therapy with the objective of learning to cope and address his anxiety issues is the key to recovering his self-confidence. [ 11 ] Meanwhile, it is this Tribunal’s opinion that the child’s best interest commands that he be entrusted to a reception center until the end of this school year. FOR THESE REASONS, THE COURT: [ 12 ] GRANTS the application; [ 13 ] DECLARES that the security and the development of the child X (

X) still in danger; [ 14 ] ORDERS that the child be entrusted to an institution operating a rehabilitation center until June 30, 2018; [ 15 ] PERMITS the progressive reintegration of the child into his family 60 days before the end of the placement; [ 16 ] ORDERS that the contacts between the child and his parents are following agreement between the parties; [ 17 ] ORDERS that the child and his parents take an active

part in the application of the measures ordered; [ 18 ] ORDERS that a person working for an institution or body provides aid, counselling or assistance to the child and his family; [ 19 ] ORDERS that the child receive certain health care and health services namely: • Services through the Gender Variance Clinic at the Montreal Children’s Hospital; • Therapy for anxiety issues including the integration of the parents; • Follow-up with a family doctor; • Psychological assessment; [ 20 ] ORDERS that the child attends school TAKES JUDICIAL NOTICE that the Director and the parents will organize a plan for the child’s transportation for his appointment and school; [ 21 ] ENTRUST the situation of the child to the Director of Youth Protection A for the execution of this judgment; [ 22 ] THE WHOLE until August 31, 2018. ________________________________ Jean-Pierre Authier , J.C.Q.

M e Caterine Caron Attorney for the Director of Youth Protection M e Myriam Couillard-Castonguay Attorneys for the child Hearing dates: November 29, 2017