2019 QCCQ 13434, 2019 QCCQ 13434

Protection de la jeunesse — 193594 2019 QCCQ 13434 JM2505 COURT OF QUEBEC Youth Division CANADA PROVINCE OF QUÉBEC DISTRICT OF [...] LOCALITY OF [...] N° : 505-41-008219-158 DATE : June 20, 2019 ______________________________________________________________________ PRESIDED BY : THE HONORABLE LYNE MORIN, J.C.Q. ______________________________________________________________________ [SOCIAL WORKER 1], youth protection worker duly authorized by the Director of Youth Protection A, Applicant -and- X , born on [...], 2007 Child -and- A Mother -and- B Father ______________________________________________________________________ J U D G M E N T Section 95(2) 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 ] The Director of Youth Protection (the Director) presents an Application for extension of a Court Decision rendered on March 12, 2018. [ 2 ] Following that decision, the Court ordered that the child be entrusted to an institution operating a rehabilitation centre for a period of one year.

The Court also ordered that the child and his family receive aid, counselling and assistance for the same period and that the contacts between the child and his parents be following agreement between the parties. Finally, the Court ordered that the child attends school and that he receives certain health care and health services namely that the child continues to be followed by his current pediatrician and that he completes the neuropsychological assessment.

[ 3 ] Today, the Director recommends most particularly that the child be entrusted to a rehabilitation centre for a period of one year and that he receives certain health care and health services, namely a psychological assessment. [ 4 ] The parents agree with the measures sought by the Director. The child prefers a shorter period of rehabilitation. [ 5 ] Since the last court order, the child remained at the A Unit. [ 6 ] The child still requires considerable support and supervision in school. X’s attendance at school has frequently been disrupted due to the nature of his behaviours.

On March 27, 2019, the child exposed his genitals to another student during unstructured time. The school contacted the group home to have him picked up immediately. The child reacted and he threw his trumpet across the school lobby. When escorted to the vehicle for his transportation to the unit, he was verbally aggressive and made threats.

In transit, Richard opened the vehicle door while the vehicle was in motion. [ 7 ] On the same evening, the father reviewed the content of an iPad that his son had been using and discovered that he had been online in chat rooms with unknown adults, had been visiting porn sites, and had created several online profiles on adult meet up and dating sites. [ 8 ] In the following days, the child had some behavioural outbursts at the unit and at school.

Given X’s escalating behaviours and concerns for the staff safety, the child was transferred in an intensive supervision unit from April 18 to April 30. [ 9 ] The medication of the child was changed on May 14. X appears to have benefited from the increased dose of his medication. He is less impulsive. X continues to require specialized therapeutic support. [ 10 ] Throughout the year, the child had regular contacts during the weekend with his parents, which for the most part appear to take place without incident. The parents continue to collaborate.

ANALYSIS [ 11 ] Last year, the child was referred to Institut A for a psychiatric assessment. Dr. Gignac provided the following diagnostic impression: Oppositional Defiance Disorder, Attention Deficit Hyperactivity Disorder and Severe Emotional Dysregulation. [ 12 ] The escalation in the past three months as well as the nature of X’s behaviours indicate that he still requires a structure environment.

It is clear that the child requires vigilant and continuous supervision. [ 13 ] For those reasons and given his difficulties at school, the Court considers that the period sought by the Director is justified. [ 14 ] Given the admissions and the content of the report, the Court is satisfied with the evidence adduced regarding the allegations.

FOR THESE REASONS, THE COURT: [ 15 ] GRANTS the application; [ 16 ] DECLARES that the security and the development of the child are still in danger; [ 17 ] EXTENDS the Court order rendered on March 12, 2018; [ 18 ] ORDERS that the child be entrusted to an institution operating a rehabilitation centre chosen by the Director of Youth Protection A; [ 19 ] ORDERS that the contacts between the child and his parents be following agreement between the parties; [ 20 ] ORDERS that the child and his parents take an active

part in the application of the measures ordered and in therapeutic process; [ 21 ] ORDERS that the child and his parents meet with the caseworker when requested; [ 22 ] ORDERS that a person working for an institution or body provide aid, counselling or assistance to the child and his family; [ 23 ] ORDERS that the child receive certain health care and health services namely a psychological assessment and follow recommendations for therapeutic follow-up for as long as necessary; [ 24 ] ENTRUSTS the situation of the child to the Director of Youth Protection A for the execution of the judgment; [ 25 ] THE WHOLE for a period of one year.

Lyne Morin , J.C.Q. M e Véronique Crête Attorney for the Director M e Myriam Couillard

Attorney for the child Hearing date: June 20, 2019 Signed judgment: June 26, 2019