2020 QCCQ 4154, 2020 QCCQ 4154

Protection de la jeunesse — 204199 2020 QCCQ 4154 COURT OF QUEBEC CANADA PROVINCE OF QUEBEC DISTRICT OF [...] TOWN OF [...] Youth Division No: 760-41-006196-201 DATE: March 2, 2020 ______________________________________________________________________ BY THE HONOURABLE BÉATRICE CLÉMENT, J.C.Q. ______________________________________________________________________ X Born: [...], 2006 Adolescent ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION A Applicant v.

A B Parents ______________________________________________________________________ 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 applies for a protection order in regards to the adolescent X in relation to his behavioural difficulties.

Amid various measures of aid and counsel for six months, the Director seeks the child’s placement in a rehabilitation center. [ 2 ] Both X and his parents subscribe to the proposed evaluation and orientation. [ 3 ] Analysis and decision [ 4 ] The adolescent resides with his parents. He composes with diagnoses which impact different spheres of his life, including the regulation of his emotions.

He has a low tolerance for frustration and exhibits disruptive behaviours both at home and at school (opposition, violence, impulsiveness, defiance). [ 5 ] His parents are proactive and seek various services in the last years to support their son’s functioning. Unfortunately, these services are of little help as X consistently resists recognizing any difficulties and refuses to cooperate. [ 6 ] Crises are recurrent and the family dynamic suffers.

The parents recognize being out of resources and increasingly concerned for their son’s safety as well as that of others. [ 7 ] A 9-month agreement on voluntary measures intervenes on May 27, 2019, and while recognizing X’s disruptive behaviours, various measures are put in place while maintaining him in his family environment.

This agreement also underscores the following objectives: • X acquires means to manage his emotions, impulsivity and aggressiveness and uses the tools provided to him; • X respects his parent’s authority, the limits, rules and consequences at home; • His parents offer a clear, predictable, coherent, constant and structured environment to their son; [ 8 ] Services ensue and there is an overall improvement of X’s behaviours and the consequent family dynamic. His parents revise their responses while offering a more coherent and constant structure.

A dedicated accompaniment in his school setting is also beneficial. [ 9 ] As of December 2019, there is a resurgence in the adolescent’s violent and oppositional behaviours, both at home and at school. The school suspends him repeatedly, finally expulsing him at the end of January after alleged death threats towards his school

social worker. [ 10 ] Although his parents offer their full cooperation, X continues to deny any difficulties and mostly refuses to engage. The situation continues to degenerate and his parents name feeling helpless to help their son further. [ 11 ] In view of this, the Court intervenes on January 30, 2020, on a provisional basis, ordering the adolescent’s placement in a rehabilitation center. [ 12 ] In this environment, X continues to present inappropriate behaviors, pushing boundaries and being aggressive and defiant. He struggles with accountability.

Although he is seen to be progressing, he still requires constant supervision. He maintains a need for rehabilitation is a structured environment. [ 13 ] Seeing the evidence as well as the joint position, the Court endorses the conclusions sought as being in the adolescent’s best interests while respecting the objectives of the law.

FOR ALL THESE REASONS, THE COURT: [ 14 ] GRANTS the application for protection; [ 15 ] DECLARES the security and the development of the adolescent in danger for the following reason : • serious behavioural disturbance (article 38f) Youth Protection Act ); [ 16 ] ENTRUSTS the adolescent to an institution operating a rehabilitation center chosen by the Director of youth Protection A; [ 17 ] ORDERS that the contacts between the adolescent and his parents be following agreement between the parties; [ 18 ] ORDERS that the adolescent and his parents take an active

part in application of the measures ordered; [ 19 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the adolescent and his family; [ 20 ] ALL THESE MEASURES for 6 months; [ 21 ] ENTRUSTS the situation of the adolescent to the Director of Youth Protection A for the execution of the present judgment. __________________________________ BÉATRICE CLÉMENT, J.C.Q. Me Sarah Gaudry-Staub Attorney for the applicant Me Karine P. Poissant Attorney for the adolescent Date of hearing: March 2, 2020 Date of signature: March 28, 2020