2018 QCCQ 14025, 2018 QCCQ 14025

Protection de la jeunesse — 184380 2018 QCCQ 14025 COURT OF QUÉBEC CANADA PROVINCE OF QUEBEC DISTRICT OF […] TOWN OF […] Youth Division No: 145-41-000522-166 DATE: June 8, 2018 ______________________________________________________________________ BY THE HONOURABLE CELESTINA ALMEIDA, J.C.Q. ______________________________________________________________________ THE DIRECTOR OF YOUTH PROTECTION Applicant -and- X born on [...], 2003 Adolescent -and- A -and- 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 (DYP) asks the Court to revise and extend the order rendered on October 4, 2017, in respect of the adolescent in order to entrust him to a rehabilitation center. [ 2 ] At the hearing, the mother is present. She wishes to proceed without representation. She admits the facts of the application and agrees with the proposed measures by the DYP.

Furthermore, she consents to the filing of the reports to value as testimony of their respective author. [ 3 ] The adolescent is present and duly represented. Through his lawyer, he admits some of the facts, but ignores, denies or denies as written others. He indicates his opposition to his placement into a rehabilitation center. He wishes to reintegrate into his maternal environment.

Nevertheless, there is a consent to the filing of the reports to value as testimony of their authors. [ 4 ] The adolescent is 14 years old, and he has a diagnosis of attention deficit hyperactivity disorder (ADHD) and Gilles de la Tourette syndrome, for which he is medicated. [ 5 ] The involvement of the DPJ with the family begins in 2016.The adolescent was presenting serious behavioural problems. He has difficulty managing his emotions and mainly expresses them through violence.

When his frustration arises namely, he breaks objects, hit things, hurts himself or others, as well as threatens them, without knowing the reason why he is doing so. Those outbursts can rise for minor reasons demonstrating his fragility. [ 6 ] What is the status of the adolescent since the last judgment rendered on October 4, 2017? It seems that the situation did not evolve as much as expected or hoped. His destructive behaviour is still very present but there are some slight improvements.

During the past months, the adolescent has begun to demonstrate a capacity of introspection and wishes to improve his behaviour. [ 7 ] On two occasions, he had to be moved to A Unit, an intensive supervision rehabilitation, after being violent towards objects or his peers. This decision was taken because his problematic behaviour was increasing. He has a hard time accepting refusal. [ 8 ] While at A Unit, he received help to cope with his emotions, impulsivity, aggressiveness and depressive thoughts.

However, a few measures were implied to withdraw or isolate him after he showed signs of verbal and physical violence. When the situation was stabilized, he was returned to the B Unit. [ 9 ] Lately, he has been integrated into another resource, called [resource A], which is more appropriate for his needs. The services

are more personalize and there are fewer people in it. Recently, an event has occurred in which he used verbal violence towards his educator and he acted out by punching everywhere in the car, he was sitting in. Regarding school, he is doing well. [ 10 ] In the psychosocial report [1] , the youth delegate summarizes the situation of the adolescent as follows: “The adolescent is having difficulties to express his emotions in an appropriate way, he gets overwhelmed in the situation and he gets himself in important anger crisis. His behaviour led him to many withdrawal measures since the last judgment.

Even though the adolescent is improving his acknowledgment regarding his personal issues, he still demonstrates difficulties regarding the management of his emotions. Indeed, the adolescent needs to have access to intensive rehabilitation services in order to develop positively within the society.” [ 11 ] The mother is very realistic about her son’s situation. She is aware of his difficulties and hers as well. At first, she is inconsistent in her contact and implications towards her son. After an intervention, she acted rapidly and a positive change was observed. She started to be more involved with him.

She collaborates well with the services and submits herself to all assessments and follow-ups asked by the DYP. She presently receives a follow-up to get support. The adolescent benefits from outings at his mother’s, including sleepovers and they go well. [ 12 ] Regarding the father, he is living in [Province A] but has regular phone contacts with his son. He is interested to be implicated in the adolescent’s situation.

The collaboration of the Child protection services of [Province A] has been solicited to have access to the father surroundings, to verify the possibility of an eventual visit of the adolescent at his home. The process is still in an evaluation mode. [ 13 ] The adolescent also testifies in this case. Although he is aware and admits, at the revision, that a lot of work has to be done before reintegrating into his maternal environment, he says otherwise at the hearing. Now, he wishes to go back to his mother’s and disagrees with the measure to be entrusted to a rehabilitation center.

For the other measures, he agrees with them. [ 14 ] Basically, he is sad not living with his mother. He wants to change and will take the means not to explode in anger. He foresees a return to the maternal home without violence and will do the necessary. Overall, he mentions that it goes well at [resource A]. [ 15 ] After hearing the testimonies and reading all the documentary evidence, it shows that the adolescent has a hard time to behave in the rehabilitation center. His outbursts are unpredictable and sometimes unexpected. During those episodes, he uses verbal or physical violence.

We cannot expect that the adolescent will behave in the maternal environment if he is not able to do it in a structured place such as a rehabilitation center. [ 16 ] Of course, the adolescent wants to go back to his mother’s, but he does not see the extent of his difficulties neither the fact that there is nothing resolved. Just recently, about a week ago, he lost his temper and broke a piece of equipment in the car, but he denies it and tells another version.

However, that is not what the evidence reveals, it shows that again he had an episode of anger. [ 17 ] The adolescent needs to work more deeply on his issue and adopt appropriate behaviour consistently, before being integrated into his maternal environment.

For the time being, the suitable resource considering his needs, is the rehabilitation center, where they can provide him with the help required, in order to address his difficulties. [ 18 ] On the other hand, the mother is also progressing and seeking help to be more equipped for when her son will return home, because that is her wish, but things have to evolve first.

For the time being, the maternal environment is not appropriate considering the current situation of the adolescent. [ 19 ] The evidence demonstrates that the security and development of the adolescent are still in danger. [ 20 ] After reviewing everything, the Court cannot come to another conclusion about the necessity of the placement of the adolescent in a rehabilitation center, for a longer period considering his recurrent ill behaviours and issues are not yet addressed. Under the circumstances, the application is well founded.

The suggested measures appear to be in the best interest of this adolescent. [ 21 ] THEREFORE, THE COURT: [ 22 ] GRANTS the application for revision and extension of order; [ 23 ] DECLARES that the security and development of X are considered to be in danger according to

section 38 of the Youth Protection Act ; [ 24 ] REVISES AND EXTENDS the Court order rendered on October 4, 2017; [ 25 ] ENTRUSTS the adolescent to a rehabilitation center until June 30, 2019; [ 26 ] ORDERS that the contacts between the adolescent and his parents be determined following an agreement between the parties; [ 27 ] AUTHORIZES that the adolescent benefits from extended outings at his mother’s residence if the situation permits it; [ 28 ] RECOMMENDS that the adolescent and his mother benefit from external educator services as long as deemed necessary; [ 29 ] RECOMMENDS that the mother receive professional assistance for her personal difficulties; [ 30 ] RECOMMENDS that the parental capacities of the parents be assessed; [ 31 ] RECOMMENDS that the parents and the adolescent actively participate in all measures ordered to put an end to the endangerment;

[ 32 ] ORDERS that the life project of the adolescent be clarified; [ 33 ] ORDERS that a person working for an establishment provide aid, counsel and assistance to the child and his family until June 30, 2019; [ 34 ] ENTRUSTS the situation of the child to the DYP of the Centre intégré de santé et de services sociaux A for the carrying out of the present order. __________________________________ CELESTINA ALMEIDA, J.C.Q. Me Louyse A. Lemieux for the applicant Me Alexis Deschênes for the adolescent Mrs. A the mother Mr. B the father (absent) Date of hearing June 6, 2018