2021 QCCQ 9667, 2021 QCCQ 9667

Protection de la jeunesse — 214338 2021 QCCQ 9667 COURT OF QUEBEC « Youth Division » CANADA PROVINCE OF QUEBEC DISTRICT OF [...] N°: 540-41-006256-217 DATE : APRIL 27, 2021 ______________________________________________________________________ BY THE HONOURABLE LISA LEROUX, J.C.Q. [SOCIAL WORKER 1], Youth protection worker duly authorized by the Director of Youth Protection A, Applicant And X Born on [...], 2006 Adolescent And A B (deceased) Parents JUDGMENT Under

section 38 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 ] X is a brilliant 15 year old adolescent with great potential. [ 2 ] However, X shows serious behavioural disturbances. In fact, his behaviour is so problematic that his school year is in jeopardy given his numerous suspensions.

Even though she is informed of the adolescent’s disruptive behaviour, the mother doubts what she is being told or says that there’s exaggeration. Also, it seems that they both are reluctant to receive services. [ 3 ] Therefore, the Director asks the Tribunal to declare the security and the development of the adolescent compromised and to impose certain measures for a period of six months.

In particular, he recommends that the adolescent remain in the care of his mother. [ 4 ] The mother and the adolescent consent to the demand of the Director. [ 5 ] At the beginning of the hearing, the Tribunal stated that it is considering the immediate placement of the adolescent in a rehabilitation centre given the chronicity of the situation. Before making its decision, the Tribunal asked to hear the parties.

[ 6 ] Upon hearing all of the evidence, the Tribunal declares the adolescent’s situation compromised and orders his placement for a period of nine months with the application of other measures for a year. [ 7 ] Here are the reasons for this decision. ANALYSIS [ 8 ] When the Director started his evaluation, back in January 2020, the adolescent acknowledged having bad behaviour at school which caused him to be suspended. He explained that his behaviour was in response to similar one towards him. [ 9 ] The mother felt that the school’s administration held a grudge against the adolescent.

At her request, another vice-principal was assigned to deal with the adolescent. [ 10 ] In the end, it made no difference because the adolescent’s behaviour remained the same. For example, the adolescent got kicked out of class or suspended for spitting on a mural, for using his cellular phone and for being disrespectful, insubordinate and disruptive. At some point, he was even banned from the cafeteria and the afterschool activities. [ 11 ] The adolescent and the mother are reluctant to accept the proposed services.

If they do, it has to be on their own terms. [ 12 ] An agreement on voluntary measures was signed by the mother and the adolescent in August 2020.

They both agreed to participate in the measures aiming to put an and to the situation end to avoid its recurrence notably by accepting that the adolescent receive help to manage his emotions when confronted by people in authority and to adopt better behaviour at school. [ 13 ] Soon after, the agreement revealed to be inapplicable because the adolescent refused to meet with the social worker and the mother didn’t understand why she had to meet with the Director. [ 14 ] Between September and December 2020, the adolescent’s behaviour got out of control.

He again cumulated suspensions and detentions. [ 15 ] Here is an overview of his behaviour : ➢ For the month of October only, he was expelled 12 times from the classroom for insulting teachers and for showing aggressiveness; ➢ During meetings with the school’s authorities, he is hostile and yells; ➢ He urinated, at least twice, inside the school, on the walls, the doors and the floors; ➢ He blocked the bathroom sink; ➢ He broke the wall tiles; ➢ He threw an eraser toward a teacher’s head. [ 16 ] Moreover, twice during the past year, the adolescent had to go through the youth criminal justice system after being accused of several charges (obstructing traffic, assault, assault with a weapon). [ 17 ] The mother says that she is not encountering any problem with the adolescent at home.

However, the evidence demonstrates the opposite. For example, last March, he refused to attend a meeting at school with her and he was observed yelling at her while using a threatening tone. [ 18 ] Over time, many services were offered to the adolescent in order to address the situation, but he refused them all. For example : meetings with the school psychologist or the guidance councelor or the application of an anti-bullying / anti-violence plan. Each time, the mother supported her son’s decision.

She says that she cannot force him to do something against his will. [ 19 ] To this day, the adolescent still refuses any kind of support from anybody. [ 20 ] The mother testifies that she realizes the seriousness of the situation. Nevertheless, she has difficulty identifying what she needs to change in her parental role to improve the situation. [ 21 ] She claims that the adolescent will soon begin anger management meetings.

However, the Tribunal understands that the adolescent has an obligation to attend those meetings because they are part of his extrajudicial sanctions program. [ 22 ] In February 2021, the Director asked for the placement of the adolescent due to a deterioration of his situation. At that time, he was suspended from school again.

Justice Antoine Cloutier dismissed the application namely because the adolescent and the mother showed willingness to respect some conditions. [ 23 ] Immediately after court, the adolescent admitted to having said what the judge wanted to hear in order to avoid the rehabilitation centre. [ 24 ] Two conditional contracts were made (December 2020 and March 2021) in order for the adolescent to reintegrate into school after his suspensions. The adolescent signed them both but hardly respected them. DECISION [ 25 ] The Director has been involved in the adolescent’s situation since January 2020.

More than a year later, nothing has really

changed. In fact, the situation keeps on deteriorating. [ 26 ] We must also remember that the disruptive behaviour of the adolescent is not new.

It has been ongoing since at least 2018. [ 27 ] In addition to being unacceptable, the Tribunal finds that the adolescent’s behaviour is uncivilized and disrespectful of the people of his surroundings. [ 28 ] The Tribunal is of the opinion that his behaviour conceals an emotional immaturity and a lack of social skills on the part of the adolescent. [ 29 ] The Director explains his recommendation to maintain the adolescent with his mother by saying it is the last chance given to him before asking for his placement in a rehabilitation center. [ 30 ] But many chances were given to the adolescent to change his behaviour to no avail. [ 31 ] The Tribunal doesn’t agree with the adolescent when he says that he gained maturity over the past few weeks.

First of all, he has a hard time giving example of what constitutes this sudden maturity. Second of all, the Tribunal does not consider that it is a sign of maturity on his part to be expelled from a virtual classroom because he puts a picture of a naked girl or of a rocket ship as a background. Neither is the fact that he was caught « vaping » in the classroom.

These events occurred less than a month after the signature of the second contract with the school. [ 32 ] Obviously, the adolescent just doesn’t care and thinks he can do whatever he wants when he wants it. [ 33 ] It is also clear for the Tribunal that the mother failed to take the necessary steps to put an end to the situation.

The result of her tendency to excuse the adolescent’s behaviour is that he is rarely held responsible for his actions which only encourages him to continue. [ 34 ] The Tribunal agrees with the Director when he says that the mother needs coaching to maintain a proper routine and structure for the adolescent. The Tribunal adds that this will take time. [ 35 ] The argument that a home educator was recently put in place, and that the adolescent and the mother collaborate with him, doesn’t convince the Tribunal to change its decision to order a placement in a rehabilitation centre.

It’s simply insufficient at this point. However, this service will be important in the future when the adolescent visits his mother. [ 36 ] THEREFORE, THE TRIBUNAL : [ 37 ] DECLARES that the security and the development of X are compromised under

section 38 b) 1) iii) and

f) of the Youth Protection Act; [ 38 ] ORDERS the placement of X in a rehabilitation centre for a period of nine months; [ 39 ] ORDERS that aid, counsel and assistance be provided to X and his mother for a period of one year; [ 40 ] ORDERS that X and his mother actively participate in all the ordered measures, namely that X attends all the meetings with the Director; [ 41 ] ORDERS that X and the mother participate in the home educator’s services in order to put in place an appropriate structure and routine at home; [ 42 ] ORDERS that X comply with all the school regulations; [ 43 ] FORBIDS X to use all forms of verbal and physical violence; [ 44 ] ORDERS that the contacts between the mother and X be determined by agreement with the Director but they will be conditional on X’s behaviour; [ 45 ] RECOMMENDS that X has access to a psychological assessment, therapeutic care and any other services required by his state and STRONGLY RECOMMENDS to X to participate in those services.

June 8, 2021 __________________________________ LISA LEROUX, J.C.Q.

This is the written and reasoned version of the oral judgment handed down on April 27, 2021 in accordance with

section 90 of the Youth Protection Act . Mtre. Anne-Rachel LAROSE Counsel for the Director of youth protection Mtre. Georghe IURCU Counsel for the adolescent A Mother LL/hl