2020 QCCQ 10449, 2020 QCCQ 10449

Protection de la jeunesse — 207761 2020 QCCQ 10449 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 105-41-000509-209 DATE: November 17, 2020 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2006 Adolescent -and- A -and- B Parents ______________________________________________________________________ JUDGMENT ______________________________________________________________________ JA1013 WARNING: The Youth Protection Act forbids the publishing or broadcasting of information allowing for a adolescent or the adolescent’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 revise and extend the order rendered on February 24, 2020, in respect of the adolescent in order to be entrusted to his mother. [ 2 ] The DYP amends the application to reduce the length of the measure and strike the conclusion relating to the rehabilitation services.

A dispense from notification of the application to the father is granted, considering that he is absent from the adolescent’s life and cannot be found, even after using a private investigation company. [ 3 ] At the hearing, the mother is present and duly represented by a lawyer as well as the adolescent. They consent to the deposit of the reports to value the testimony of their authors and to the amended recommendations of the DYP. [ 4 ] In the last measure, the adolescent is entrusted to the mother, and several other measures were also ordered. The collaboration of the mother is very good.

She shares what she does to improve the situation. She follows the recommendations of the professionals involved in their lives. She set up a routine, and the adolescent has adapted well to it. It is observed that since that structure is put in place, the latter is calmer, helpful and respectful. The mother read a lot regarding his son’s diagnosis (ADHD) in order to help him further and intervene adequately. [ 5 ] The mother and her son have a strong bond. She is very protective of him and have difficulties being separated from him. Her son also has the same difficulty.

The latter agree that she needs to work on her separation anxiety in order for his son, to feel safer and to develop his autonomy. At this time, this issue seems to be the major challenge for them. [ 6 ] Due to the pandemic, in March 2020, the adolescent does not attend school. Therefore, he shows less anxiety. From March to June, he participates well in his virtual classes. Last year, it was not easy at school for the adolescent. He was sometimes disrespectful with the school staff or other students. On his side, the adolescent alleges that the teachers were picking on him more than with the other

students who behaved like him. Many strategies were tried by the school to intervene with the latter, unsuccessfully. [ 7 ] In September 2020, he attends a new school program which is more adapted to his needs of moving and having personalized assistance due to his diagnoses. A meeting for his integration was held at the A High School to establish, the way they were going to work all together, to have a positive year. Expectations were defined regarding the youth’s school attendance rates as well as the resource available to help him. The first days of school went very well, but the situation worsened.

The adolescent started behaving badly, and he is more anxious. His teacher is working slowly with him regarding his behaviour. Since then, he has ups and downs at school. [ 8 ] The school has not put an intervention plan in place, despite several requests from the DYP. However, the adolescent is taking a new ADHD medication that would help him be calmer and less impulsive. [ 9 ] The adolescent is very shy consequently, it is harder to intervene with him. He feels anxious in the presence of the workers so, his collaboration is more difficult.

He is uncomfortable and answers minimally the questions, but little by little; a relationship of trust starts to develop with him. Another major challenge for the adolescent is handling his emotion due to his impulsivity. A psychological follow-up is offered to him, if he changes his mind, because at the moment, he does not want to go through with it. [ 10 ] Currently, the social worker has a close follow-up with the family. They need help and support considering the actual situation. Moreover, there are still difficulties regarding school.

The DYP will be able to continue being implicated with the mother and adolescent in order to work on their issues. [ 11 ] The evidence demonstrates that the security and development of the adolescent are still in danger. Considering the evidence adduces, the application is well founded. Furthermore, the measures suggested by the DYP appear to be in the best interest of the adolescent.

FOR THESE REASONS AND THOSE EXPRESSED ORALLY AT THE HEARING, THE COURT: [ 12 ] GRANTS the application for revision and extension of order; [ 13 ] DECLARES that the security and development of X are still considered to be in danger according to

section 38 of the Youth protection act ; [ 14 ] REVISES AND EXTENDS the court order rendered on February 24, 2020, in the present file; [ 15 ] ORDERS that the adolescent be entrusted to his mother; [ 16 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the adolescent and her family until May 31, 2021; [ 17 ] ENTRUSTS the situation of the adolescent to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present judgment. __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Louyse A.

Lemieux for the applicant Me Isabelle Gagnon for the adolescent Me Alexis Deschênes for the mother Mr. B the father (absent) Written judgment filed on November 26, 2020