2011 QCCQ 9439, 2011 QCCQ 9439

Protection de la jeunesse — 112833 2011 QCCQ 9439 JL4031 QUEBEC COURT Youth Division CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N° : 525-41-024633-117 DATE : June 22nd, 2011 ______________________________________________________________________ PRESIDING JUDGE : THE HONORABLE CLAUDE LAMOUREUX, J.C.Q. ______________________________________________________________________ In the matter of : X Born on: [...], 1995 The Director of Youth Protection A and Family Centres applicant - and - A, the mother - and - B, the father respondents ______________________________________________________________________ JUDGMENT (section 38 Y.P.A.) ______________________________________________________________________ WARNING: The Youth Protection Act prohibits the publication or broadcasting of any information that may lead to the identification of a child or his parents.

Any person who contravenes this provision commits an offence and is liable to fine. [ Y.P.A. sections 11.2.1 and 135 ] [ 1 ] As required under

Section 90 of the Youth Protection Act, the present judgment confirms in writing the decision rendered orally at the hearing held on June 22 nd , 2011. [ 2 ] The Court is seized with a motion under

section 38 of the Youth Protection Act requesting that the security or development of the adolescent be declared to be in danger for the following reasons: 3.1. the mother is the primary caregiver to the adolescent; 3.2. the adolescent has serious behavioural disturbances and objects to steps taken by the parents, more particularly but not restrictively in that:

a) the adolescent has exhibited severe behavioural difficulties since at least 2009;

b) the adolescent has been diagnosed to suffer from schizophrenia;

c) the adolescent has been receiving psychological services, however he has been inconsistent to follow through;

d) the adolescent has been defiant towards the mother;

e) the adolescent has been verbally and physically abusive towards the mother;

f) the adolescent does not respect house rules and curfews;

g) at present, the adolescent is being home schooled because he was having too many behavioural difficulties in school;

h) the adolescent has stolen money and credit cards from the grandmother;

i) the adolescent has stolen a gun from the grandfather;

j) the adolescent has been associating with negative peers;

k) the adolescent has experimented with different drugs, i.e.: cocaine and ecstasy;

l) the adolescent has admitted to dealing marijuana in the past;

m) on May 27 th , 2011, the adolescent was physically destructive and threatening in the home resulting in police intervention;

n) on said day, the adolescent was hospitalized but later released, diagnosed to not be suicidal, but to be possibly homicidal;

o) on May 27, 2011, immediate protective measures were invoked and he was placed in a rehabilitation centre;

p) the mother has expressed being fearful and overwhelmed by the adolescent's behaviour;

q) the father has longstanding issues with drug and alcohol abuse;

r) the father has had minimal to no involvement with the adolescent; [ 3 ] Today, the Director of Youth Protection (DYP) recommends that X remain entrusted to a rehabilitation centre for a period of six months with a reintegration into the home as soon as the situation allows, with aid, counsel and assistance for a period of one year and other corrective measures; [ 4 ] The mother admits that the allegations depict an accurate picture of the family situation. She also agrees with the DYP's recommendations. [ 5 ] X's attorney also generally admits the allegations.

More specifically, X recognizes a number of behaviour problems, including being defiant and verbally abusive towards his mother, having stolen his grandmother's money as well as his grandfather's gun, having used and dealt drugs in the past and having been brought to hospital by the police after an incident on May 26 th where he destroyed objects in the home. X also agrees with the DYP's recommendations. [ 6 ] From the evidence, it is clear that X's personal and behavioural difficulties have spiralled out of control. He has developed agoraphobic symptoms and therefore has difficulty leaving the home.

He stopped attending school in February 2010 and was home- schooled for two months. He spends much of the day at home and has friends visit him late into the night. Although it would appear that X stopped consuming drugs last February, he was previously involved in drug dealing and consumption. He has incurred hundreds of dollars in drug-related debts which his mother is willing to help him with if he follows through on what he needs to do. [ 7 ] Following the parents' separation in July 2009, X spent nine months with his father. Since then, he has been living with his mother.

According to the evidence, X's father appears to have his own personal difficulties and is not currently involved in his son's life. He could not even be located by the DYP. [ 8 ] Thus, the mother has been the one to carry the weight of caring for X and dealing with his difficulties. This has not been an easy task, particularly since X can become verbally aggressive and even, on occasion, push his mother out of the way. Despite the difficulties, X's mother has stood by her son and shown love, perseverance and wisdom.

In her report, Ms. [social worked 1], the family's youth protection worker, underlines how the mother " stays firm on her beliefs and strives to do what is best for her children. She worries about X and focuses a lot of her time and energy on making sure that he is safe ." (D-2, page7) [ 9 ] As indicated in the Director's motion, X ended up being brought to the hospital in late May following the gun-stealing and home- trashing incident. The court, ordered his provisional rehabilitation centre placement on May 31 st , 2011.

X has done very well in placement. [ 10 ] X has the potential to do very well outside of placement as well. He is intelligent and articulate and has family members who care for him very much and who are willing to support him.

With the right attitude and the proper supports, X can get back into school and have a happy, productive and fulfilling life. [ 11 ] The recommendations put forward by the DYP and which both X and his mother agree with appear to be what X currently needs to get back on track. [ 12 ] Having received the admissions of the parties, taken into consideration the reports submitted, the Court concludes that the

allegations have been proven to its satisfaction and permit corrective measures to be applied. [ 13 ] CONSEQUENTLY, AND FOR THESE REASONS, THE COURT: [ 14 ] GRANTS the motion; [ 15 ] DECLARES that the security or development of X because of his behavioural disturbances (section 38(2)

f) of the Youth Protection Act ). [ 16 ] IN VIRTUE OF THE POWERS CONFERRED UPON THE COURT BY

SECTION 91 OF THE YOUTH PROTECTION ACT: [ 17 ] ORDERS the adolescent to remain in a rehabilitation centre for a period of six months with reintegration into the home as soon as the situation allows; [ 18 ] ORDERS that the frequency and modality of contacts between the adolescent and his parents be at the discretion of the DYP; [ 19 ] ORDERS the adolescent to receive a psychiatric assessment and to follow through with the recommendations made in the psychiatric assessment; [ 20 ] ORDERS the adolescent to address his anger management issues; [ 21 ] ALLOWS the DYP to exchange information freely with the adolescent's treating professionals; [ 22 ] ORDERS the adolescent to respect his mother's rules and expectations when he is in her care; [ 23 ] ORDERS the adolescent to ensure there will be no further physical or verbal aggression when at home; [ 24 ] ORDERS that aid, counsel and assistance be provided to the adolescent and the family for a period of one year; [ 25 ] ENTRUSTS the situation of X to the Director of Youth Protection A Youth and Family Centres who shall see that these measures are carried out and these measures may be executed by any peace officer, if necessary.

SIGNED AT TOWN A This 28th day of June 2011 __________________________________ CLAUDE LAMOUREUX, J.C.Q. M e Georgia Limperis Attorney for the applicant M e Robert Hamel Attorney for the adolescent Judgment rendered verbally on June 22 nd , 2011 CL/nl