2013 QCCQ 7885, 2013 QCCQ 7885

Protection de la jeunesse — 131363 2013 QCCQ 7885 JA0940 QUEBEC COURT Youth Division Canada PROVINCE OF QUÉBEC DISTRICT OF [...] N° : 525-41-026879-130 DATE : March 18 th , 2013 ______________________________________________________________________ PRESIDING JUDGE : THE HONOURABLE MARIE ARCHAMBAULT, J.C.Q. ______________________________________________________________________ In the matter of: X born on […], 1996 THE DIRECTOR OF YOUTH PROTECTION Applicant and A, father Respondent ______________________________________________________________________ JUDGMENT (Section 38 of the Youth Protection Act ) ______________________________________________________________________ Warning : Within the framework of the Youth Protection Act , no person may publish or broadcast information allowing 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. [ Y.P.A. , sections 11.2.1 and 135] [ 1 ] The Director of Youth Protection (the Director) seizes Court, on February 1 st , 2013, of the situation of the adolescent alleging that the youth exhibits serious behavioural disturbances and that the adolescent is neglected as he is not given the care required for his physical and mental health nor is he provided with appropriate supervision and support. [ 2 ] The Director is asking that the adolescent remain entrusted in a hospital centre for a maximum period of two months, allowing the integration of the adolescent in a rehabilitation centre for a period not exceeding September 11 th , 2013.

The Director is seeking permission to integrate the adolescent home during the rehabilitation centre placement if the situation allows. It is requested that Youth Protection services be provided to the adolescent and his father until [...], 2013, when the adolescent will reach the age of majority. [ 3 ] The adolescent admits only partly the facts alleged in support of the motion presented by the Director.

Nonetheless, X accepts the recommendations made by the Director and hopes to be reintegrated home as soon as possible. [ 4 ] The father admits essentially all the facts alleged by the Director in support of the motion. Mr. A is in agreement with the suggestions made by the Director and welcomes the help and support that will be provided to the family until X's age of majority. [ 5 ] The evidence reveals the following.

[ 6 ] X's parents met in 1991. Following the separation of his parents in 2000, X lived with his mother until her death in 2009. [ 7 ] At the time, X was attending [High School A]. He moved in with his father following his mother's death and did not attend school for the remainder of the school year. [ 8 ] The family moved and X was registered at [High School B].

He missed several days during the year and his father attributed his poor attendance to his son's reaction to losing his mother. [ 9 ] The following year, X began attending the [Program A] as his father believed an alternative school setting would better meet his needs. Unfortunately, the same absenteeism pattern continued. [ 10 ] The adolescent is socially isolated, spending his time playing video games or music in the basement. [ 11 ] The father suffers constantly from physical pain. When he returns from work, he is so exhausted that he has to sleep until around 9.00 p.m.

In order to relieve his pain, the father resorts to smoking marijuana on a regular basis. [ 12 ] The father readily admits that due to his work

schedule as well as his chronic pain, he his not in a position to ensure that X is appropriately fed and adequately supervised. In fact, Mr. A expects that the adolescent will prepare his own meals and attend school. [ 13 ] The assessment conducted by the Director reveals that the adolescent is far from being in a position to care for himself. In fact, on January 15 th , 2013, when the adolescent arrived at [Academy A] after not having attended school at all during this school year, he was in a poor condition. The adolescent was unkempt and unhygienic, having disorganized and delusional thoughts.

Following police intervention, the adolescent was taken to the hospital. [ 14 ] The youth has remained in the hospital since then and the psychiatrist requests that he remains in hospital possibly for two more months.

A diagnosis of non-specified psychosis has been made and, upon reassessment in early March 2013, a major depressive episode was also diagnosed. [ 15 ] Under the circumstances, it is necessary for the Director to provide help and guidance to the father in order to support him in acquiring the necessary parental skills, hoping that the reintegration home of the adolescent could take place in a near future. [ 16 ] In the meantime, it is necessary for the adolescent to receive the appropriate health services and care that he so desperately needs. [ 17 ] Upon his release from hospital, the Director believes that the youth should be fostered in a rehabilitation centre in order for the adolescent to improve his social and life skills. [ 18 ] It is hoped that the rehabilitation centre and the youth protection worker will be able to support father and son with the reintegration plan.

Such plan will take place only when the father will be able to provide his son with the care he needs if the youth's condition has improved sufficiently. [ 19 ] Under the circumstances, the Court cannot come to the conclusion that the youth has exhibited serious behavioural disturbances, but rather comes to the conclusion that the adolescent's mental health required care that was not, then, available to him. [ 20 ] The Director has established the need for Youth Protection involvement and the recommendations made by the Director meet the needs of the adolescent. [ 21 ] AS A CONSEQUENCE AND FOR THESE REASONS, THE COURT: [ 22 ] DECLARES that the security and the development of the adolescent are compromised; [ 23 ] AND, BY VIRTUE OF AND PURSUANT TO THE POWERS GRANTED UNDER SECTIONS 91 AND 91.1 OF THE YOUTH PROTECTION ACT , THE COURT ORDERS THE FOLLOWING MEASURES: [ 24 ] ORDERS that X be entrusted to a hospital centre for a maximum period of two (2) months, that is until May 18 th , 2013 at the latest, ALLOWING integration into a rehabilitation centre when deemed appropriate; [ 25 ] ORDERS that X be entrusted to a rehabilitation centre until September 11 th , 2013, ALLOWING his reintegration home when the situation allows; [ 26 ] RECOMMENDS that X follow the treatment plan set by the professionals; [ 27 ] ORDERS that aid, counsel and assistance be provided to X and his father until March 5 th , 2014; [ 28 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A, who shall then see that the measures are carried out.

Signed in Town A on April 3 rd , 2013

_________________________________ MARIE ARCHAMBAULT, J.C.Q. Me Sym Davis Attorney for the Director of Youth Protection Me Christian Benoît Attorney for the child Date of hearing : March 18 th , 2013