r v. A, 2017 QCCQ 3817

Protection de la jeunesse — 171535 2017 QCCQ 3817 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-005247-161 DATE: January 27, 2017 ______________________________________________________________________ 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 seeks the application of protective measures in regards to the adolescent X, in reason of serious behavioral disturbance.

More specifically, the Director recommends that the Court entrust the adolescent to a rehabilitation center as well as apply various other measures of aid and counsel and this, until her majority on [...], 2017. [ 2 ] Both the adolescent and her parents subscribe to the evaluation and orientation of the situation, as submitted by the Director. [ 3 ] Analysis and decision [ 4 ] The Director evaluates the situation of the adolescent in November 2016. [ 5 ] X lives with her parents and two siblings. [ 6 ] For the last two years, the adolescent deals with progressively significant mental health issues, which are mainly expressed by depressive symptoms, auto mutilation and suicidal ideations.

She is able to identify various contributing factors, including her feelings of inadequate parental support and communication. [ 7 ] As of October 14, 2016, two successive hospitalisations are required following a suicide attempt and ongoing emotional distress. During this time, X and her parents benefit from different services, including a family therapy and a psychiatric follow-up. Despite this, her symptoms increase and are concurrent to a refusal to return home. [ 8 ] The provisional diagnosis is an emerging personality disorder as well as a severe parent-child relational problem.

Before her second impending discharge from the hospital, the psychiatrist emits concerns to her returning home in view of her need for constant supervision and continued fragility. [ 9 ] Consequently, the parties sign a provisional voluntary agreement integrating the adolescent in a group home. Although initially, the adolescent adjusts well to her new environment, there is a rapid resurgence of her psychiatric symptoms (head banging, auditory hallucinations, pervasive suicidal thoughts). Since that time, there is a gradual reduction of these in frequency and intensity.

She is now more able to focus on the interventions. [ 10 ] X continues to receive psychological and social services, to which her parents actively participate. Her functioning is supported by medication.

[ 11 ] Since her placement, X’s visits home are limited. She continues to resist reintegration, citing being overwhelmed by the family dynamic. [ 12 ] The parents are collaborative. They consider that they can offer a safe and secure environment for their daughter, while understanding that her emotional challenges require that they receive services in view of adapting their interventions. [ 13 ] The goal of the intervention is to stabilize X’s situation in order to promote her return home. At the present time, her ongoing resistance to this objective is intimately linked to her psychological issues.

The Director’s orientation reflects the complexities of X’s situation and consequently, is in her best interest. [ 14 ] FOR ALL THESE REASONS, THE COURT: [ 15 ] GRANTS the application for protection; [ 16 ] DECLARES that the security and the development of the adolescent are in danger in reason of serious behavioural disturbance; [ 17 ] ORDERS that the adolescent be entrusted to an institution operating a rehabilitation centre; [ 18 ] AUTHORIZES a social or family integration during the measure, upon agreement between the parties; [ 19 ] ORDERS that the contacts between the adolescent and her parents be upon agreement between the parties; [ 20 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and her family; [ 21 ] ALL THESE MEASURES until the adolescent’s majority, namely [...], 2017; [ 22 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q.

Me Karine Nantais Attorney for the Petitioner Me Maxime Hebrard Attorney for the parents Me Myriam Andraos Attorney for the children Hearing date: January 27 th , 2017