2021 QCCQ 4020, 2021 QCCQ 4020

Protection de la jeunesse — 21919 2021 QCCQ 4020 COURT OF QUÉBEC CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 610-41-000786-186 DATE: March 15, 2021 ______________________________________________________________________ BY THE HONOURABLE DENISE DESCÔTEAUX, J.C.Q. ______________________________________________________________________ IN THE MATTER OF : X, born on [...], 2004 [SOCIAL WORKER 1], in her quality of authorized person by the Director of Youth Protection of the Centre intégré de santé et de services sociaux A, having a place of business at [...] Applicant v.

A, residing and domiciled at [...] Mother ______________________________________________________________________ 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 (DYP) asks the Court to review and prolong a decision rendered on June 2, 2020, regarding the adolescent X, born on [...], 2004.

On that date, the Honourable Judge Peggy Warolin, J.C.Q., declared the security and development still endangered and entrusted the adolescent to a rehabilitation center for a period of nine (9) months, with a reintegration at his grandparents’ place or with a foster family if the situation allows it. [ 2 ] The DYP submits that the situation does not allow to return the youth to his grandparents’ place or with foster family and that the placement in a rehabilitation center has to be prolonged for twelve months, with a reintegration in a foster family if the situation allows it.

POSITION OF THE PARTIES [ 3 ] At the hearing, the mother was absent despite the fact that she received a copy of the procedures on February 15, 2021. Considering the mother was duly served and considering the interest of the adolescent, the Court proceed in the absence of the mother. [ 4 ] The youth was present and represented by Me Antoine Meunier. He recognizes that his security and development are still endangered, but disagrees with the suggested measures.

ANALYSIS [ 5 ] The evidence tendered by the Director includes, as for the documentary part, the review report, observation report made by the rehabilitation center, and the letter written by Dre Renée Lamontage and nurse Miriam Predan-Lepine (Diagnostic et milieu de vie pour X). The social worker and grandmother testified. [ 6 ] X is a 16-year-old teenager diagnosed with schizophrenia. He has an addiction issue in regard to marijuana consumption.

[ 7 ] X’s difficulties are very important and for now, he needs very specific services. He is not going to school at the moment, since he is not able to be receptive to it and the schooling would not be currently beneficial for him. [ 8 ] The review and the extension of the decision is necessary under the

section 95 YPA. [ 9 ] Since the last judgment, the situation of the adolescent has not improved. The adolescent still shows several symptoms such as: psychotic ideas, fakes fighting, he laughs alone, he thinks people provoke him when it is not the case and he will also provoke them, he hears voices or feels the presence of people that are there to hurt him and often loses contact with reality. [ 10 ] Recently, he is more aggressive physically and verbally.

He shows signs of opposition and provokes educators while causing a certain apprehension of his regular unpredictable behaviour. [ 11 ] When he is in his outings with his grandparents, the adolescent does not respect the rules.

For example, he goes out without asking permission, he smokes marijuana and he uses electronic devices without authorization. [ 12 ] Marijuana deteriorates the adolescent’s mental condition. [ 13 ] The adolescent does not admit using drugs even with proof from the grandparents. [ 14 ] An attempt of integration in a foster family was made, but it did not succeed because the foster family could not trust the adolescent after he stole alcohol (beer and wine) several times and did not admit it. After the meeting, this foster family decided that it will no longer be able to receive X.

The applicant does not have a foster family available for him at the present time. [ 15 ] The adolescent states that if he has to live at his grandparents’ residence, he would stop taking his medication. He does not admit his mental health problem as well as the symptoms that come with it.

In addition, he continues to deny he uses marijuana when he visits his grandparents even though they have proof that he was using and intoxicated when he visited them. [ 16 ] Without his medication, the adolescent is more aggressive towards others. [ 17 ] The adolescent’s grandparents cannot take care of him on a regular basis since the adolescent’s behaviors and mental health are too demanding for them.

The grandparents are still involved, receive their grandson for visits as well as they go and visit him at the center. [ 18 ] The adolescent needs a well-structured environment with a high level of supervision and specific services for his mental health condition. [ 19 ] The adolescent protection services are currently looking into specialized services adapted to the adolescent’s mental health. [ 20 ] The adolescent’s actual medication for his schizophrenia is getting close to the maximum he can get. [ 21 ] The adolescent still has a regular follow-up with the pedopsychiatrist. [ 22 ] The adolescent’s mother still struggles with addictions and still maintains an unstable lifestyle.

She does not collaborate with the applicant. The applicant has not personally met since last September and she continues to deny her son’s mental health problem. In recent months, she came more often to visit him when he was visiting his grandparents.

[ 23 ] For sure, the situation did not improve since the last order. X still shows several schizophrenia symptoms, has aggressive behaviours as well as he recently adopted sexual behaviours. The visits with his grandparents are difficult since he is always trying to get marijuana and often uses it.

These new problems have a significant impact on his health, increasing his mental health symptoms. [ 24 ] The report, dated February 18, 2021, prepared by a psychiatrist Lamontagne and nurse practitioner, Predan-Lepine states : En lien avec ses comportements délinquants associés à sa consommation de cannabis, sa schizophrénie et son trouble d’utilisation du cannabis, X nécessite un milieu de vie encadré, sous supervision, sans accès à de la consommation et où ses troubles de santé mentale peuvent être traités.

Le centre de réadaptation A répond actuellement à ses besoins. [ 25 ] The evidence shows that the teenager does not realize at all that his lifestyle, his behaviour, and his substance abuse have had a serious impact on himself and endanger his security and development. [ 26 ] Considering the revision report, considering the report concerning the youth’s evolution at the Rehabilitation Center, considering the Dr.

Lamontagne and nurse Predan-Lepine letter (Diagnostic et milieu de vie pour X), considering the testimony of [social worker 1], considering the testimony of the maternal grandfather, the Court believes that the facts proven and admitted allowing the review of the previous decision. [ 27 ] For these reasons, the Court believes that the teenager needs to be in a safe and stable environment. [ 28 ] The adolescent needs to be in a more structured environment in order to prepare for adulthood. [ 29 ] It is also recommended that the adolescent attend school or another place of learning or participate in a program geared to developing skill and autonomy.

He does not go to school because of his lack of receptivity because of the impact of medication for s chizophrenia. D espite this issue, he has to follow at least a program for his autonomy. Considering his age, it would be relevant for him and he has time to do it. FOR THOSE REASONS, THE COURT: [ 30 ] GRANTS the application to review and to extend a decision under

section 95 Y.P.A.; [ 31 ] DECLARES that the security and development of the adolescent X, born on [...], 2004, are still endangered under sections 38 b)1) i, b)1) iii, b2), (

c) and

f) of the Youth Protection Act ; [ 32 ] ENTRUSTS the adolescent to a rehabilitation center for a period of twelve (12) months, with integration in a foster family if the situation allows it; [ 33 ] ORDERS that a person working for an institution or body, provides aid, counseling and assistance to the adolescent, the mother and the maternal grandparents; [ 34 ] AUTHORIZES access for a few days at the grandparents’ place or in a foster family and RECOMMENDS that the contacts between the adolescent and the grandparents be encouraged as much as possible; [ 35 ] RECOMMENDS that the adolescent remain sober at all times and that he respect the curfew or any other rules of the grandparents while he is having visits; [ 36 ] ORDERS that the frequency, duration and modalities of the contacts between the adolescent and the mother are determined by the Director of Youth Protection, including the presence of a third party if necessary;

[ 37 ] ORDERS that the adolescent and the mother take an active

part in the application of any of the measures ordered by the Court; [ 38 ] RECOMMENDS that the mother seek for a drug addiction evaluation and follows the recommendations of the professional; [ 39 ] ORDERS that the adolescent receive services from a psychologist for his addiction issues, as long as deemed necessary by the professional; [ 40 ] ORDERS that the adolescent continue his medical follow-up with the pediatrician as well as the pedopsychiatrist and that he respect their recommendations; [ 41 ] ORDERS that the adolescent receive services from an addiction counselor as long as deemed necessary by the professional; [ 42 ] ORDERS that the exercise of certain attributes of parental authority (medical, school, sports and activities) be withdrawn from the mother and GRANTS the grandmother, Mrs.

B, in the case that the mother cannot be reached in a reasonable delay; [ 43 ] AUTHORIZES the exchange of information between all professionals implicated in the family’s life to put an end to the situation in which the security and development of the adolescent are endangered; [ 44 ] RECOMMENDS that the adolescent participate in a program geared to develop his skills and autonomy; [ 45 ] ORDERS that a preparation for autonomous and independent living be established with the collaboration of all the parties and grandparents; [ 46 ] ENTRUSTS the situation of the adolescent X , to the Director of Youth Protection for the execution of this order; [ 47 ] THE WHOLE for a period of twelve months. __________________________________ Denise Descôteaux, J.C.Q.

Me Flore Tardif Lemire Gaouette et Martel Lawyer of the Director of the Youth Protection Me Antoine Meunier Legal Aid Lawyer of the adolescent Date of hearing: February 23, 2021